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(영문) 서울중앙지방법원 2018.07.24 2018고합544
유사강간
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 05:00 on January 21, 2018 to around 05:30, the Defendant: (a) placed a victim from a toilet in the residence of the victim E (V, 22 years of age) located in Gwanak-gu, Seoul Special Metropolitan City; (b) placed the victim from a toilet in a bed, placed the victim in a bed; and (c) prevented the victim from breaking his/her shoulder with his/her hand, and her sexual organ into a bed and rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (receiving a written response to a request for appraisal with a State);

1. A response to a request for appraisal, and Article 297-2 of the Criminal Act concerning facts constituting an offense applicable to CD-related Acts and subordinate statutes in which visual CCTV images are stored;

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 Disclosure and Notice of Employment, and the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) (the Defendant has no record of criminal punishment for sexual crimes; the Defendant’s personal information registration and lectures to treat sexual crimes can prevent re-offending even if the Defendant has no record of criminal punishment for sexual crimes;

In full view of the Defendant’s age, the type and motive of the instant crime, the process of the instant crime, the seriousness of the crime, the disclosure and notification order, the degree and expected side effects of the Defendant’s disadvantage due to an employment restriction order, the preventive effect of the instant sexual crime subject to registration that may be achieved therefrom, etc., there are special circumstances in which the disclosure of Defendant’s personal information may not be disclosed and special circumstances in which the Defendant may not issue an employment restriction order.

The defendant is found guilty of a crime in the ruling that he/she should register his/her personal information and submit it.

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