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(영문) 의정부지방법원 2018.01.31 2017고합445
준유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 December 6, 2017, the Defendant: (a) entered the victim E (the age of 22) who fleeped by drinking out, and fleeped by drinking out, from the Doocheon-gun, Gyeonggi-do, Gyeonggi-do, 22:3 on December 6, 2017; (b) placed the victim E (the age of 22) on the bed and placed on the bed; (c) laid off the victim’s Cheongba and clothes; and (d) laid off the victim’s

The water also comes out of water.

B. It refers to the "Good Planer", and the finger was inserted into the victim's negative part.

Accordingly, the defendant raped the victim who is a non-competence.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police statement protocol against E;

1. Application of CCTV-related Acts and subordinate statutes;

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 (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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant has no record of being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, only with the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

In full view of other circumstances such as the defendant's age, motive and method of crime, defendant's character and conduct environment, degree of disadvantage suffered by the defendant due to the defendant's order of disclosure, anticipated side effects, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The Supreme Court Decision (see Supreme Court Decision 2011Do16863, Feb. 23, 2012) is related to the crime of registering new commercial information.

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