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(영문) 전주지방법원 2017.09.14 2017고합97
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 March 10, 2017, at around 07:25, the Defendant discovered that the victim E (the name of the victim, the 31 year old) was locked at the 1st head office of "D" 'D' in the former Northern-gun C5th floor of North Korea, and found that he was locked, the Defendant placed his hand in the victim's clothes, taken charge of the victim's left chest, put his hand in the victim's panty, stored his hand in the part of the victim's drinking, stored his hand in the part of the victim's drinking, and used the victim's resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of a photograph of a suspect and a copy of a receipt for settlement of a card after CCTV closure;

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 following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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 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 (the Defendant’s primary offender is any other Defendant’s age, sex, background leading up to the instant crime, consequence of the instant crime, personal information registration, and attending sexual assault treatment programs alone can have an effect to prevent re-offending by the Defendant;

In full view of the facts that the defendant's personal information can not be disclosed or notified in light of the profit and prevention effect expected by the disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's admission, etc.

I think)

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to the registration of personal information to be registered, the defendant shall be punished for sexual crimes.

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