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(영문) 수원지방법원 2017.10.19 2017고합404
유사강간
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 January 28, 2017, at around 04:35, the Defendant discovered the victim E (n, 23 years of age, 23 years of age) under the influence of alcohol on the front road in Suwon-si C, and found the victim E (n, 23 years of age, 20) under the influence of alcohol from the back of the victim, kid the victim’s chest, and kid the victim’s chest, and kid the victim’s chest, the Defendant pushed the Defendant, and resisting the Defendant, who tried to walk the road to go out of the road to go out of the road to go out of the victim, and the cab did not get out of the taxi, and again kid the victim following the escape, the Defendant kids down the breast with the two hand, and kid up the finger hand into the part of the damaged person.

As a result, the Defendant committed an act of putting the victim's fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes on CDs for crime scene photographs and CCTVs for crime prevention;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment and social relationship, the details, circumstances, and outcome of the instant crime, the prevention of sexual crimes that may be achieved due to the disclosure or notification order, the effect of protecting the victims of such sexual crimes, and the degree of disadvantages suffered by the Defendant due to the disclosure or notification order, anticipated side effects, etc., there are special circumstances in which disclosure or notification of the Defendant’s personal information may not be disclosed or notified.

If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of new information, the defendant shall be punished for sexual crimes.

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