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(영문) 청주지방법원 영동지원 2017.08.23 2017고합8

유사강간

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2017, at around 10:30, the Defendant sought to drink by obtaining coffee from the victim E (at 27 years of age) located in the Chungcheong-gun, Chungcheongnam-do. However, the Defendant discovered that the victim was diving in the room, and caused the victim to feel sexual intercourse with his/her desire.

Accordingly, the Defendant, who got off to the victim, added his hand between the victim's half-booms, boomed the victim's drinking part, and the Defendant, who was pushed the victim's sexual organ, did not take the victim's sexual organ again.

In addition, the victim tried to insert into the negative part of the victim, but the victim tried to stop and stop as the victim gets frighten and fright at the port of the sound.

In addition, when the defendant tried to put the victim's thothic body into the thothic body to the thothic body behind the victim's thothic body, etc., the defendant tried to put the victim's thothic body into the thothic body, and the victim's thothic hand into the part of the victim by suppressing the victim's thothic body, and by putting the thothic hand into the part of the victim's stothic body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to criminal place and each investigation report (on-site photographs, confirmation of CCTV images, intrusion into residence and forced indecent act, change of the duration of crime);

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

2. 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).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes against Sexual Crimes;

5. 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 an Notice 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 [the Defendant has a criminal record of attempted rape, but this is committed before 24 years.