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(영문) 춘천지방법원 2016.04.22 2015고합94
준유사강간등
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

The Defendant is a space between the victim D (V, 19 years old) and the same department of college.

On June 14, 2015, at around 03:30 to 05:00 on June 14, 2015, the Defendant thought that the victim would be able to commit an indecent act against the locked under the influence of alcohol, exceeded the brode of the victim, her breast by hand, and continued to go off the victim’s panty, and her son and her son.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statements made by witnesses D in the second public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 against Order to attend a lecture or community service order;

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, and 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 first offender is the defendant, and the crime is highly likely to recommit a crime in light of the details of the crime;

In full view of the fact that it is difficult to see that the registration of personal information and participation in lectures to treat sexual assault are expected to have considerable effects on preventing recidivism, the Defendant’s family environment and social relationship, the benefits and preventive effects expected from the Defendant’s order, the Defendant’s age, disclosure order or notification order, and the disadvantages and side effects that the Defendant suffered, there are special circumstances that may not disclose or notify the Defendant’s personal information.

The judgment of conviction is finalized for the defendant who registered the new information.

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