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(영문) 대전지방법원 천안지원 2013.12.11 2013고합230
유사강간
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

Around 01:00 on June 23, 2013, the Defendant, at the alcohol house located in Mapo-gu Seoul Metropolitan Government, she met the victim E (n, 21 years of age) with drinking, was placed in a "DVD bank" where the trade name in the vicinity cannot be known with the victim under the influence of alcohol at around 05:30 on the same day.

At around 06:30 on the same day, the Defendant: (a) reported the victims who were locked in the above DVD room; (b) had the victims feel sexual desire; (c) exceeded the clothes of the victims in order to put the body of the victims into the body of the victims; and (d) intended to inserting his sexual organ into the sexual organ of another victim who was enrolled in the body of the victims.

However, when the victim shouldered the defendant in diving and strongly resisted the defendant, the defendant divided the two arms of the victim into left hand in the state of the victim's body, suppressions the victim's resistance, and 2-3 times by inserting his/her fingers into the sound part of the victim's body, thereby committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to E;

1. Application of the Acts and subordinate statutes described in the investigation report (in response to inquiries with the State);

1. Relevant Article 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 (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

Whether the disclosure order, exemption order, and notification order constitutes "any special circumstance to not disclose personal information" as the exception to the disclosure order.

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