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(영문) 서울동부지방법원 2018.01.18 2017고합350
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

On September 7, 2017, from around 02:33 to 05:04, the Defendant exceeded 313 Maurher in Songpa-gu Seoul, from the Maur 313 Maurher in Songpa-gu, and put the victim F (age 22) who is unable to resist under the influence of alcohol into the her arms, and put the finger into the le of her woman by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the public prosecutor's office or police concerning G (tentative name, victim) and each protocol;

1. Application of the statutes on the medical treatment of victims of sexual assault, such as a response to each request for appraisal, a gene appraisal report, CCTV images of the Eelto;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is clear social relationship in light of occupation, residence, and family relationship, and the risk of recidivism of the Defendant appears to be reduced solely on the basis of personal information registration and attending lectures to treat sexual assault crimes.

Therefore, when balancing the preventive effects and side effects expected by an order of disclosure or notification to the defendant, special circumstances are recognized that the personal information of the defendant should not be disclosed or notified.

Where a conviction of the instant crime against the Defendant who registered personal information in the judgment 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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