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Reasons
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(영문) 창원지방법원 거창지원 2016.01.28 2015고합20
준유사강간
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C(44) and D university toilet construction and the defendant became aware of.

1. On June 2, 2015, the Defendant, on June 2, 2015, posted the victim’s sexual organ that was exposed to the victim’s her chest on his/her chest, following the breath’s desire to report the victim, who was under the influence of 103:0 on June 2, 2015, while under the influence of 103:0, Fnick-gun E, Chungcheongnam-gun, Gyeongnam-gun, to the victim’s sexual organ.

Accordingly, the defendant committed an act of inserting the sexual organ inside the mouth by using the victim's non-abstinence condition.

2. On June 10, 2015, the Defendant committed the act, at around 03:0 on June 10, 2015, as set forth in subparagraphs 103 to 103 of the F Credit around 03:00.

Accordingly, the defendant committed an act of inserting the sexual organ inside the mouth by using the victim's non-abstinence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of each investigation report (to attach to the printed text of the message sent and received Kakao Stockholm text, and to verify the CD content submitted by the complainant);

1. Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [i] There is no history of sex offense against the defendant, and ② there is a criminal tendency against the defendant against the unspecified majority of victims solely by each of the crimes in this case

It is difficult to readily conclude, ③ have the defendant register personal information, and sexual assault.

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