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(영문) 수원지방법원 2018.11.29 2018고합442

유사강간등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

around April 2018, the Defendant first met with the victim C (the name, female, 29 years old) and the marriage ceremony of the branch, and the same year.

6. From June 16 to the next day, he traveled to the “E penture” located in G, Chungcheongnam-do, Chungcheongnam-do.

1. At around 02:00 on June 17, 2018, the Defendant committed an indecent act by force, according to the victim who takes the drinking outside of smoking while drinking together with his/her happiness in a ward, he/she committed an indecent act by forcing the victim by putting the victim into his/her inner part during dialogue with the victim.

2. A similar rape: (a) around 02:30 the same day, the Defendant: (b) took a part in a room; (c) took part in a part of the victim’s bridge after the victim’s repair; (d) took part in a bridge to suppress the victim’s resistance; and (e) took part in a part in the victim’s chest; and (e) took part in the victim’s chest and her finger into the part.

As a result, the Defendant, by assaulting, committed similar rape by inserting fingers inside the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Acts and subordinate statutes to a criminal investigation report (in case of the F Character message submitted to a victim),

1. Article 297-2 of the Criminal Act (the occupation of similar rape) and Article 298 of the same Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes (within the scope of adding up the long-term punishment for two crimes)];

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 an order to disclose or notify, or an employment restriction order; Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.