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(영문) 서울북부지방법원 2018.08.17 2018고합230
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 26, 2018, around 05:30 on March 26, 2018, the Defendant: (a) placed the victim C (a) who was aware of his reputation within the “B main point” located in Jongno-gu Seoul Metropolitan Government (a 19 years of age) in a state of bucking so that he was unable to resist due to the influence of alcohol, put his left arms on the victim’s shoulder, and bucks down the victim’s bucks; and (b) stored his fingers into the part of the victim’s drinking.

Accordingly, the defendant, using the victim's resistance impossible condition, included part of the body, such as fingers, in the victim's sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A investigation report (related to securingCCTV images), and B CCTV video CDs in the main week;

1. Application of the Acts and subordinate statutes to the complaint;

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

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 that are favorable to the statement in the grounds for sentencing);

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

1. According to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notice Orders, 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 age and environment, the type, motive, process of the instant crime, the consequence and seriousness of the instant crime, the relationship between the Defendant and the victim, the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order or notice order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved, the protection of the victim, etc., there are special circumstances under which the Defendant’s personal information shall not be disclosed or notified.

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the general criteria for the crime of rape (the persons who are at least 13 years of age).

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