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(영문) 서울남부지방법원 2016.05.20 2016고합60

유사강간등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2015, around 22:00 on July 13, 2015, the Defendant: (a) viewed that the victim E (n, 27 years of age) was in a state of drinking in front of a female toilet located in Jongno-gu Seoul Metropolitan Government, and that the victim was in a state of drinking in the company ceremony; and (b) said that the victim was in a state of drinking in the company ceremony; (c) said, the victim was in a state of drinking; and (d) said, the victim was in a state of drinking in the company ceremony; and (d) said, he was in a state of drinking in the victim’s clothes by putting his hand in the victim’s clothes.

As such, the Defendant forced the victim to commit an indecent act.

2. A crime committed on December 9, 2015;

A. A. Similar rape: (a) on December 9, 2015, around 20:00, the Defendant viewed that the said victim was in the state of drinking out by sounding a 'G restaurant' in F at Sejong City F; (b) was in the state of drinking out by having the said victim talked with the company meals; (c) took the victim into the toilet, pushed the victim into the chest and brogate into the chest, cutting the victim’s left chest into the chest; and (d) took the victim’s back the son’s chest into the chest; and (e) took the son’s hand over three times into the part of the victim’s sound, thereby committing similar rape.

B. On December 9, 2015, the Defendant committed an indecent act by force: (a) around 22:30, Cheongju-si, Cheongju-si, Seoul, in the I station located in Heung-gu, Cheongdong-gu, KTX trains; (b) the victim’s fingers who were seated on the side in the KTX train room; (c) the victim’s fingers, buckbucks, and bucks were arrested by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), and Article 297-2 of the Criminal Act (the point of similar rape) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the most similar rape)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.