logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.20 2017고합440
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 August 6, 2017, the Defendant, at the home of the Defendant No. C and 104 dong 1403, 1403, went to the inner bank of the victim D (n, 19 years of age) who was under drinking together with the Defendant, and was living in the inner bank of the victim who was divingd, and became the chest of the victim. At that time, the Defendant got out of the lock by taking advantage of the fact that the victim was still shouldered under the influence of alcohol and diving, and then laid down the finger and then put the finger into the part of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The main sentence of Article 62 (1) of the Criminal Act (the consideration of favorable circumstances among 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 disclosure and notification orders, 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 no record of being punished as a sexual crime; the Defendant has a sexual crime tendency against many and unspecified persons solely with the instant crime;

It is difficult to see it.

It can be effective to prevent the recidivism of the defendant even with the order to register personal information of the defendant and attend lecture for treatment of sexual assault.

I seem to appear.

In light of these circumstances, there are special circumstances in which the personal information of the defendant may not be disclosed or notified to the public in light of the defendant's age, motive and method of the crime, character and character environment,

Since it is judged, it is confirmed that the defendant is guilty of the facts constituting the crime of the judgment on the registration of new information.

arrow