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(영문) 대구지방법원 2018.02.21 2017고합467
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 July 29, 2017, at an event hosted by F in Daegu-gu E on July 29, 2017, the Defendant, along with the Victim G (F, 23 years of age) (hereinafter referred to as “FF”), had the victim feel the mind that the victim would commit an indecent act against the victim, while drinking alcohol to the Iel located in Daegu-gu, Daegu-gu, and talking with the victim.

Accordingly, on July 30, 2017, at around 03:00, the Defendant 1:502 metes the chest and winter of the victim who was in an impossible situation to resist due to diving, and boomed them as soon as possible, put them into a sound part, followed the victim who attempted to escape from locking, boomed the chest, and boomed the breast, and put them into a sound part.

Accordingly, the defendant used the state of resistance impossibility to put the victim's fingers into the sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. J dialogue photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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 a notification order, 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 [the defendant has a risk of sexual assault or re-offending against him/her committed an initial crime];

The fact that it is difficult to readily conclude, the registration of personal information of the defendant and the lecture of sexual assault treatment can be expected to have an effect of preventing re-offending, and other benefits and prevention expected by the defendant's age, career, sex, sex, environment, social ties, motive, means and consequence of the crime, circumstances after the crime, disclosure order or notification order.

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