beta
(영문) 서울북부지방법원 2015.03.27 2015고합25

유사강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 4, 2015, at around 03:36, the Defendant discovered the victim D (bee 23 years) who was staying home in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and followed the volume of 200 meters.

At around 03:40 on the same day, the Defendant laid down the victim from the front of Seongbuk-gu Seoul, and threatened the victim “I am only, I knife, I knife.”

Therefore, when the victim gets off and resists the victim, the defendant was unable to keep the victim out of his/her hands, and the victim was able to talk with another hand, and the victim was sexually raped by putting his/her fingers into his/her negative part and her fingers into the victim's negative part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (whether a crime is a crime), investigation reports (the result of CCTV analysis conducted after the commission of a crime), investigation reports (the investigation reports (the results of CCTV analysis conducted in moving moving lines), investigation reports (the investigation of a suspect against the owner of the FNonong Line), investigation reports (specific suspect), investigation reports (investigation into a ground around the place where the crime occurred), investigation reports (the inside and outside of the victim), investigation reports (the investigation of the payment receipt of the G cafeteria meal meal expenses), investigation reports (the investigation of the user of the cambling bus at the time of committing the crime) and statutes;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

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

3. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure and an order for notification, 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 are against all the confessions of their crimes.

In addition, the mother and the punishment of the defendant are living together and have a stable workplace, and social ties are relatively publicly announced.

In addition, the circumstances and results of the instant crime, which is recognized as revealed in the records of the instant case, are the profits and preventive effects expected by the disclosure or notification order of the instant case.