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(영문) 서울북부지방법원 2018.08.24 2018고합152

유사강간

Text

A defendant shall be punished by imprisonment for two years.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

At around 13:00 on November 30, 2017, at the house of the victim D (names, 26 years of age) located in Gwangju-si, Gyeonggi-do, the Defendant laid the victim's body, laid the victim's body, laid off the victim's upper part, laid off the victim's chest, laid down the victim's breast, laid down the victim's finger, laid down the victim's finger, laid down the victim's finger, laid down the victim's finger, and laid down the victim's finger into the victim's panty.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes, such as field photographs;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order issued to institutions, etc. related to children and juveniles;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the defendant, who takes her part in the victim's house bed together with the victim's house bed and goes off the victim's body and tried to get out of the victim's body, and the defendant did not refuse to leave the victim's body and met the chest above the clothes. However, the defendant did not put the victim's panty in the part of the victim's body.

2. Determination

A. On November 30, 2017, the victim consulted with the Defendant in order to arrange internal relations with the Defendant on November 30, 2017, and then tried to come to his house. However, the Defendant wanted to go to his own toilet.

I entered the house together.

The Defendant entered his house to a toilet, and entered the house to a kitchen, and the Defendant moved from a toilet to a kitchen, and after leaving the toilet, the Defendant turned out the reservoir to a bed, and turned out the reservoir to a bed.