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(영문) 수원지방법원 평택지원 2018.06.11 2018고합56
유사강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 26 years old) are the relationship between the workplace and the victim.

On March 4, 2018, at around 03:10, the Defendant, at the victim’s residence located in Pyeongtaek-si D Building 1203, performed drinking together with the victim, and she was under the influence of the victim himself/herself, she she was under the influence of the victim, she she she was in the victim’s suffering, she was she was her bread by inserting her hand into the victim’s inner part, and she was prevented from holding the victim’s grandchildren who refused to do so, and then inserted his/her fingers into the victim’s sexual flag.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigation reports (preparation of recording records of telephone conversations submitted by the victim) Acts and subordinate statutes;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

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 an order to disclose or a notification order, 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 (no record exists that the defendant has been punished for the same sex offense, and the crime in this case alone has a criminal tendency against an unspecified number of victims;

It is difficult to conclude that it has the effect to prevent recidivism even by taking part in the registration of personal information on the defendant and the lecture for sexual assault treatment.

In addition, in full view of the Defendant’s age, family relation, social relationship, the effect of preventing the profit expected by an order of disclosure or notification, and the disadvantages and side effects of the order, there are special circumstances in which disclosure of the Defendant’s personal information should not be disclosed.

It is reasonable to view that the instant criminal facts are subject to the duty to register and submit new commercial information.

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