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(영문) 서울중앙지방법원 2019.03.28 2018고합953
준유사강간치상등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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 30, 2018, at around 20:26, the Defendant exceeded the clothes of the victim D (one’s name, half’s age, 29) who lost his mind by drinking together, and inserted his fingers into the sound book of the victim, thereby resulting in the victim’s reconcing of the number of days of treatment, and having the victim suffer a reconcept and a woman’s room on the non-number of days of treatment.

Accordingly, the Defendant committed a similar rape by taking advantage of the victim’s state of impossibility to resist, thereby causing injury to the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. The medical records for victims of sexual assault (D-one name), two copies of the diagnosis certificate (D-one name), a criminal investigation report (re-issuance of a victim's childbirth and a medical certificate), and a medical certificate;

1. Text;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 301, 29, and 297-2 of the Criminal Act concerning the crime;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); 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);

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [it is difficult to readily conclude that the Defendant has no record of criminal punishment for sexual crimes prior to the instant case, and that there is a high risk of recommitting sexual crimes. In addition, the Defendant’s imprisonment with prison labor (a

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