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(영문) 의정부지방법원 2018.07.13 2018고합106
유사강간
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 January 23, 2018, around 23:50 on the 23:50, the Defendant, while drinking alcohol together with C, C, 104, 104, placed the victim under the influence of alcohol on the floor, placed the victim's chest on his/her own hand and her finger on the victim's panty, put the victim's finger in his/her finger.

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 Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered repeated circumstances favorable to the grounds 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 disclosure and notification orders, 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 (only the instant crime is in danger of the Defendant’s recidivism or re-offending of sexual assault);

It is difficult to see it.

In the future, the recidivism crime of sexual assault by the defendant can be effective to some extent only with the registration of personal information of the defendant and the order to attend the lecture for treatment of sexual assault.

I seem to appear.

If so, there is a special reason that the defendant should not disclose or notify personal information.

As such, the reason for sentencing is to exempt the defendant from disclosure and notification order.

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Application of the sentencing guidelines [the types] general criteria for rapes of the first class (general rapes of the first class) (the first class) of the rapes of the second class (the second class) shall be included in the first class; however, the upper limit and lower limit of the scope of sentencing shall be mitigated to 2/3 [the person subject to special sentencing] and the non-members of the punishment [the scope of the recommended punishment] from 1 to 2 years (the area of mitigation);

3. The defendant, who had been aware of prior to the example, puts his finger in the negative part, which is the highest part of the victim.

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