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(영문) 서울북부지방법원 2017.03.24 2016고합524

유사강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who has come to death with the victim C (nive, 27 years of age)-friendly D.

From September 17, 2016, the Defendant, from around 02:00 on September 17, 2016, her drinking together with the victim, D, etc., and her was locked at the residence of Seongbuk-gu Seoul E around 05:00 on the same day.

At the same day, the defendant met the chest of the victim who was divingd in D's residence within the same day, and the victim's knife from the knife to the victim's knife, etc., the defendant expressed his will, and the victim's knife to the victim's knife by inserting his knife into the part of the victim's knife by inserting his knife, inserting his knife into the part of the victim's knife by inserting his knife, inserting his knife into the part of the victim's knife, inserting his knife, knife the part of the victim's knife, knife the part of the victim's knife.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by C by the witness in the second public trial protocol;

1. Each investigation report (to submit a tape recording file with the suspect of the victim, to attach a map of the scene, and to attach a tape recording record);

1. Recording records;

1. Letters messages sent to the victim by the victim;

1. Summary;

1. Application of the Acts and subordinate statutes on sound recording CDs

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

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. Determination as to the assertion by the defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main text of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the argument was that the victim was in the inner part of the beds, and D was self-employed from the bed, and the defendant was self-employed on the bed side floor of D, so the defendant was unable to commit an indecent act against the victim without shouldering D, and there is no fact that the defendant collected the fingers into the bed side of the victim.

2. Determination.