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(영문) 전주지방법원 정읍지원 2017.09.27 2017고합46

유사강간

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Force” On November 4, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor due to the minor’s constructively similar rape in the court of the Jeonju District Court’s branch, and completed the enforcement of the sentence on May 7, 2016.

(1) On July 1, 2017, at around 02:05, the Defendant discovered the victim D (n, 34 years of age) who was in charge of benching in the front of the shopping mall located in the Gosong-gun, Gosong-gun, the Defendant: (a) discovered the victim D (n, 34 years of age); and (b) knee the victim’s head knee; and (c) knee the victim’s head knee; (d) placed the victim’s head on the front of the E restaurant that occurs in the event of the damage; (b) placed the victim on the floor; (c) placed the victim’s knee at the front of the E restaurant; and (d) put the victim into the kne pan, one hand, by putting the victim into the kne pan, one hand; and (d) put the second hand into the part of the victim’s drinking.

Accordingly, the defendant included the defendant's fingers in the victim's sexual intercourses and commits similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes (Attachment to a copy of the same type of judgment, etc.);

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

1. Where a conviction becomes final and conclusive on the instant criminal facts, which are sex offenses subject to the registration of personal information, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information pursuant to Article 43 of the same Act.