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(영문) 서울서부지방법원 2018.12.20 2018고합219
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 17, 2017, at the “C” singing room located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 23:30 on November 17, 2017, the Defendant: (a) under the influence of alcohol, she would face the victim D (at the age of 49), who is frighting to the table B, with the victim’s face; (b) she would be faced with the victim’s face; (c) the victim was tightly pushed the Defendant by hand; (d) she would be frighted to the victim; and (e) she would be frighted to the victim’s face; and (e) she had been raped by inserting the hand into the panty and inserting the finger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Photographs of the defendant and the text message sent by the defendant to the victim;

1. Recording files CDs and CCTV CDs;

1. Application of Acts and subordinate statutes to replies to requests for cooperation in investigation;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) 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; (c) the crime in this case is not a crime committed against an unspecified victim; (d) the sentence of imprisonment to the defendant; (e) personal information registration; and (e) the order to complete a sexual assault treatment program; and (e) the defendant’s age, environment, social relationship; (e) the risk of recidivism; (f) the characteristic of the crime in this case; (f) the effect of preventing a sex crime that may be achieved by the order to disclose or notify the information; and (f) the disadvantages and anticipated side effects of the defendant as a result, there are special circumstances in which the disclosure or notification of

[Determination]

1. Children and juveniles exempt from an employment restriction order;

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