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(영문) 수원지방법원 2016.06.03 2016고합6
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

At around 01:30 on August 30, 2015, the Defendant, while drinking alcohol with approximately 32 members of the Dongg-ri, a university under the name of “E” in Yangyang-gun C with approximately 01:30 on August 30, 2015, the Defendant: (a) was under the influence of a female member, and (b) was under the influence of alcohol, and (c) was under the influence of alcohol, and was under the influence of a female member, and (d) was under the influence of the victim’s panty by inserting hand into the victim’s panty, and was under the influence of the victim’s finger.

Accordingly, the defendant put the victim's fingers into the victim's sexual intercourse by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to photographs of the scene of sexual assault incidents, map map of the scene of the incident, and photographs of victims;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. Where a conviction of a criminal of sexual assault who is subject to the registration of personal information of this case under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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.

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, seriousness, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance.

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