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(영문) 서울서부지방법원 2019.02.12 2018고합275
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B(n, 22 years old) are the relationship between the university of East Asia.

On March 16, 2018, the Defendant, at around 01:00 on the same day after drinking alcohol with the school tuition fees, including the victim, and around 02:00 on the same day, he laid the victim under the influence of alcohol, she was fluored by the Defendant’s self-concing room in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu CD, put the victim into the bed, put the victim into the bed, put the victim into the bed, put the hand on the part of the victim’s back to the bed, and put the hand into the part of the victim’s drinking.

Accordingly, the defendant committed an act of putting the fingers into the victim's sexual intercourse by taking advantage of the victim's mental disorder or non-fluence condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of the Act and subordinate statutes to investigation report (Attachment to the communications between the victim and witness);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. In full view of the fact that the Defendant has no record of punishment prior to the instant crime under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and 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, the Defendant’s sentence against the Defendant, the registration of personal information, and the completion of sexual assault treatment programs alone appears to have a certain degree of effect on the prevention of recidivism, and the Defendant’s age, family environment, social relationship, etc. may have been achieved by the disclosure or notification order compared to the disadvantage and anticipated side effects that the Defendant may sustain due to the disclosure or notification order, shall not disclose or notify personal information to the Defendant.

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