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(영문) 인천지방법원 2017.04.14 2016고합873
유사강간
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 October 23, 2016, the defendant was given contact with the victim C (the name of the victim, 23 years old) (the name of the victim) who became aware of through online game "Irre," and was in contact with the victim C (the name of the victim, 23 years old) on the family in Gwangju-gu, for the reason that the name of the defendant was different from the name of the victim in the name of the victim at around 00:20 on October 23, 2016, and the defendant was in dispute. While the defendant was in dispute, the defendant was in the family of the victim located in Gwangju-gu, Gwangju-gu, that the victim's name was opening his window and opened 112 reports, the victim was hume, the victim's kne was prevented, the victim was feld with the victim's bridge, and the victim was bread with the victim's chest, and the victim's chest was bread with the victim's chest.

As a result, the Defendant committed an act of inserting part of body such as fingers, etc. in the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name);

1. Application of the statutes of the response request for appraisal;

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

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse, 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 age, environment, social ties, criminal records and the risk of recidivism, profits and preventive effects expected by an order of disclosure notification, and disadvantages and side effects therefrom, the disclosure of the Defendant’s personal information may not be notified.

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