logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2019.08.30 2019고합61
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 26, 2018, the Defendant: (a) retired from the whole clothes of the victim D (nick, 44 years of age, Ga) under the influence of alcohol at the Defendant’s residence located in Pyeongtaek-si building C; (b) placed fingers over several times in the part of the victim’s sound.

On the other hand, up to the end.

In this respect, the defendant put the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement made by the police against D (alias) and the chief of the accusation;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of the scene of the case against the victim, and the statement of the victim), on-site photographs, and investigation reports;

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

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, notify, and employment restrictions; 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 proviso to Article 56(1); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 1, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities (Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Article 15904, Act No. 15904, Dec. 11, 2018) appears to have the effect of preventing the recidivism of a criminal defendant on the sole basis of the registration of personal information of the criminal defendant with his/her personal information; and other circumstances such as the defendant’s age, family environment, social relationship with him/her, relationship with the victim;

arrow