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(영문) 서울동부지방법원 2018.10.25 2018고합86
준유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the victim's exercise of the right of defense, part of the facts charged was revised according to the relation of evidence.

On November 27, 2017, at around 06:00, the Defendant, at the home of the victim C (the names of women, 30 years of age) who was known to the Defendant in Songpa-gu Seoul, was released from the side of the victim, who was aware of the Defendant as women, and was locked with the victim, and was able to resist with the victim, the Defendant was able to knife the victim’s ship and her chest, and her fingers into the part of the victim’s panty, and her fingers into the part of the victim, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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, notify, and restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018) (the

It is difficult to see that the registration of personal information and the completion of the sexual assault treatment program can have the effect of preventing recidivism by the defendant.

I seem to appear.

Accordingly, the defendant's age, motive, means and result of the crime of this case, seriousness of the crime, disclosure notification order to the defendant and employment restriction order will be achieved.

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