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(영문) 서울북부지방법원 2018.06.29 2018고합153
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on February 13, 2018, the Defendant used that the victim E (n, 19 years of age) was under the influence of alcohol and was in a state of mental or physical loss or resistance impossible by drinking so that the victim E (n, n, 19 years of age) can do so, knife the knife into the victim's inside, knife the knife, knife the knife, knife the victim's chest, knife the knife, knife the victim's breast, knife the victim's knife, knife the knife, and kn

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or the victim's impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to the on-site investigation report;

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 among the reasons for sentencing)

1. The main sentence of Article 62 (1) of the Criminal Act (the following conditions shall be repeatedly considered for 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 Attend;

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 and a 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 has no record of punishment for a sex offense before, and thus, has a risk of recidivism of sexual assault and recidivism;

It can not be readily concluded, only by registering personal information of the defendant, and taking lectures to treat sexual assault, that the defendant can have the effect to prevent recidivism.

In full view of other circumstances shown in the records, such as the defendant's age, family environment, social relationship, expected side effects and side effects that the defendant would suffer, and the prevention effect of sexual crimes that could be achieved thereby, the personal information of the defendant shall not be disclosed or notified.

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