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(영문) 서울북부지방법원 2018.05.18 2017고합551

강제추행등

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

From July 2017, the Defendant was aware of the victim B (n, 31 years of age) and mobile phone display group "C" from around July 2017.

1. Around 02:00 on August 1, 2017, the Defendant forced indecent act: (a) was seated around the D Station located in Seoul Special Metropolitan City, Nowon-gu, and was talked with the victim, resulting in an injury to the victim as a matter of male-child life; and (b) was able to prevent the victim’s face with sounder and the victim’s own hand from getting out of his/her seat; and (c) took a dancing with the victim.

In the end, the Defendant forced the victim to commit an indecent act.

2. A similar rape: (a) around August 27, 2017, around 04:30, the Defendant: (b) placed the hand in the body clothes of the victim, kidd from a small meeting located in Jung-gu Incheon City, Jung-gu, Incheon, under the care of the victim; (c) brought the victim into the buckbuckbbbbbbbbbs; (d) put the victim’s hand into the victim’s sexual flag and port; and (e) put the victim’s finger into the victim’s finger by one hand.

After all, the defendant put a part of the body into a sexual flag and anus.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to B;

1. Each investigation report (a photograph, meeting length F, telephone conversations with members of a meeting, group G and telephone conversations with members of a group, group group group, telephone conversations with H and group, group of director, group of director, and I telephone conversations submitted by the person under investigation;

1. Application of the Acts and subordinate statutes to photographs by capturing the victim;

1. Relevant Article 298 of the Criminal Act and Article 297-2 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is more severe than that of the similar rape, the aggravated punishment of the two crimes, and the long-term punishment of the two crimes) of the aggravated rape;

1. Determination on the Defendant’s assertion under Article 16(2) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order

1. The summary of the Defendant’s assertion is that, under the influence of alcohol at the time of committing similar rape, the Defendant does not memory whether the Defendant was raped by inserting fingers into the victim’s sexual organ and anus.