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(영문) 수원지방법원 성남지원 2018.12.20 2018고합189
준유사강간등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On August 6, 2018, the defendant discovered that the defendant was used in the stairs of the victim C (Influence, 21 years old) in the subway stairs of the first floor underground of the subway station B located in Seongbuk-gu, Sungnam-si, Sungnam-si, the defendant went to go in the subway toilets of the subway station.

After the defendant sits a damaged person in a string, the defendant got knee and panty to the injured person in a state of her resistance under the influence of alcohol, and put the injured person into a knee after having knee.

Accordingly, the defendant invadedd the public use area to satisfy sexual desire, and raped the victim in a situation where he is unable to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a investigation report (the confirmation of CCTV at the place of occurrence of the case, attachment of screen pictures and caps, statement by police officers in the first site, results of requesting appraisal by the Seoul Science Investigation and Investigation Institute);

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act (a similar rape) and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar rape) concerning the punishment of sexual crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment of both crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify and an order to restrict employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime in this case alone has a criminal tendency against many unspecified victims;

It is difficult to conclude that the registration of personal information of the defendant and the completion of sexual assault treatment programs can have an effect on the prevention of recidivism.

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