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(영문) 의정부지방법원 2016.03.17 2015고합436

유사강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to two years and six months of imprisonment with prison labor by assault, etc. at the District Court, and completed the execution of the sentence on March 20, 2015 at Daegu Prison.

On July 2015, the Defendant received alcohol addiction treatment from the C mental health clinic in Yangju-si, and was paid the victim D (the age of 45) who is a patient of the same hospital (the age of 45) with the knowledge of the first time.

On December 5, 2015, the Defendant: (a) at the meeting of the Victim E located in Speaker-si around 19:00 on December 5, 2015, while drinking alcohol together with the Victim’s friendly F with the Victim’s friendly F; (b) taken the Victim’s face one time to drink; and (c) taken the Victim’s friendly F with the Victim’s her friendly F with the Victim’s her her her f, and throw away her her her f from her her f, and continued to leave her her f with her her her f, and (d) want to be her her b

The term "victim" means that the victim does not speak;

Although there was a change in mind, the defendant's fingers continued to capture the defendant's fingers into the victim's sexual organ, and the defendant's sexual organ was unfolded into the victim's face and collected into the victim's face, and other similar rapes.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A criminal investigation report (F. oral statements made by the shootings), investigation report (on-site conditions, etc.);

1. A damaged photograph;

1. Previous convictions: Inquiry into criminal history, personal identification and confinement status, application of Acts and subordinate statutes to report criminal investigations (Attachment of cases of the same kind of suspect);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. Application of the sentencing criteria (the recommended punishment); and