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(영문) 서울북부지방법원 2018.10.26 2018고합201

준유사강간등

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

And the facts constituting the cause of the attachment [criminal records] Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”).

On April 27, 2007, the defendant was sentenced to imprisonment with prison labor for two years due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13), on September 30, 201, and on September 17, 201, for three years due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) in the early branch of the Chuncheon District Court, and on June 17, 2016, the Seoul Northern District Court sentenced the defendant to one year of imprisonment with prison labor due to forced indecent conduct, etc. and completed the execution of the sentence on February 12, 2017.

[2] Around May 14, 2018, the Defendant came to know of the Victim C (V, 22 years of age) around 2015, and the victim was no longer living at around May 14, 2018, which led to the Defendant’s home to live together with the victim.

1. Quasi-Rape;

A. On May 16, 2018, at the defendant's house located in Dobong-gu Seoul Metropolitan Government, around 15:00 on May 16, 2018, the defendant put his hand into the victim's house, she was under the influence of alcohol, and her chest into the victim's chest, cut off the victim's her part and panty, and her part was her part, and her finger into the victim's part.

In this respect, the defendant used the victim's state of resistance impossibility to bring his fingers into the victim's sexual organ.

B. On May 17, 2018, the Defendant: (a) around 14:00 on May 17, 2018, at the above place; (b) around 14:00, at the victim under the influence of alcohol, put his fingers into the victim’s chests; (c) made the victim’s chests; (d) made the victim’s fingers in line with the victim’s side gum; (d) cut off the victim’s panty and panty; and (e) made the victim’s fingers soon, and inserted the victim’s fingers into the part of the victim’s sound.

In this respect, the defendant used the victim's state of resistance impossibility to bring his fingers into the victim's sexual organ.

2. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.) at the time and place specified in paragraph 1(b).