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(영문) 서울중앙지방법원 2015.05.08 2014고합1493
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 14, 2014, at around 01:00, the Defendant committed an indecent act against the victim E (n, 21 years of age) and the victim’s side, who was found to be in the influence of alcohol after drinking alcohol, in order to have the victim E (n, 21 years of age) and alcoholic beverages run by himself in Seocho-gu Seoul, Seocho-gu, Seoul, and forced to use her buck and her bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of legal statements Acts and subordinate statutes of E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) 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;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant had no record of crime prior to the crime in this case; it appears that the defendant has the effect of preventing recidivism even by taking part in the registration of personal information and sexual assault therapy. Therefore, if a conviction becomes final and conclusive on the criminal facts indicated in the decision to register personal information, the defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act, since he/she 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.

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

A. At the time of the instant case, sexual contacts, such as the description of the ancillary facts charged, were sexual contacts that were not contrary to the victim’s intent, but were contrary to the victim’s intent.

Even if the defendant did not recognize it, the defendant did not recognize it.

(b).

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