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(영문) 서울동부지방법원 2018.08.31 2018고합189
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 24, 2018, the Defendant: (a) around 05:50 on February 24, 2018, around 103, the her mother in Gwangjin-gu Seoul Special Metropolitan City, and (b) on the part of the victim D (V, 21 years old) who was under the influence of alcohol, put his finger into the victim's chest, her finger by opening the victim's gate, and inserted the Defendant's finger into the part of the victim's sound.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 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 information, an order to notify, and an order to restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 56(1) (the crime of this case is not limited to many unspecified persons; the crime of this case is not limited to unspecified persons; the registration of personal information of the defendant against the defendant and the completion of a sexual assault treatment program are likely to prevent the recidivism of the defendant; the defendant's age, occupation, and other benefits expected by such order, the effect of the crime committed by such order, and the results of comparative balancing between the disadvantages and expected side effects thereof, there are special circumstances under which the defendant shall not be an order to disclose personal information and to restrict employment.

I think)

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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