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(영문) 서울북부지방법원 2019.01.11 2018고합383
준유사강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 3, 2018, around 08:00, the Defendant was divingd in Seongbuk-gu Seoul residential area B, and the Defendant was fluored with the Defendant’s fingers inside the sound part of the victim C (at 24 years of age) who was unable to resist, and later brought the victim’s chest to the Defendant’s fingers, and brought the victim’s fingers to the Defendant’s gender by taking the victim’s fingers.

Ultimately, the Defendant committed similar rape by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes, such as each investigation report (the attachment of a D message, the attachment of a site photograph), D message, field photograph, etc.;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances, etc. among the reasons for sentencing as follows);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse; 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 registration of personal information of the defendant with respect to the defendant and the order to attend a lecture for treatment of sexual assault are expected to have the effect of preventing recidivism; the defendant's age, relationship with the victim; the benefits and the preventive effect of the disclosure order or the order to notify the disclosure of this case; and any disadvantage and side effect therefrom; there are special circumstances where the disclosure or notification of personal information of the defendant should not

1. The accused under the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) shall be sexual crimes

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