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(영문) 수원지방법원 2016.07.12 2015고합469
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 23:00 on February 12, 2015, the Defendant drinks alcohol at the head of “D” head of Simna, with victims E (the age of 18) and other kinds of drinking.

On February 13, 2015, the Defendant, at the home of the Defendant, F 402, Suwon-si, Suwon-si, Liwon-si, entered into the house, and then put his finger into the part of the victim under the influence of alcohol, who was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning the closure of the contents of a G dialogue and the establishment of new data;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the crime of this case of a sexual assault offender subject to the registration of personal information under Article 16(2) and the main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012).

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