beta
(영문) 서울북부지방법원 2019.11.29 2019고합364

유사강간

Text

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

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

Reasons

Punishment of the crime

[criminal power] On November 6, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the above punishment on December 30, 2015. On September 27, 2019, the Seoul Northern District Court sentenced the Defendant to three years of imprisonment for quasi-rape, etc., and the said judgment became final and conclusive on October 5, 2019.

【Criminal Facts】

On June 26, 2018, between 23:30 and 03:00 of the same month, the Defendant parked in the Cpark parking lot located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, to 03:00 of the same month, and caused the victim to talk with the victim E (a family name, leisure, 31 years old), and the victim's grandchildren by hand, and refused to do so, but the victim refers to the victim's refusal to do so, the Defendant shall fit for the victim's entry; the victim's sound, chest part, and chest part; the victim's chest part was kid by hand; the victim was moved to the G Park parking lot located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu; after the victim was sucked with the chief of the light who was seated by the victim while communicating with the victim in the above vehicle, the victim's body and then the victim refused to do so, the victim's injury was fluened with the victim's finger, breast part, and the victim's finger.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement to E (alias) and the police's protocol of statement;

1. Telephone statement CDs;

1. Investigation report (Attachment of a black file or video), CD (Evidence No. 231 pages of the evidentiary records);

1. Records before and after a ruling: Criminal records, etc., investigation reports (verification of relation to concurrent crimes under the latter part of Article 37 of the Criminal Act), written judgments (from 202 to 211 of the Criminal Procedure Act), summary agreements auxiliary meetings (Evidence of a repeated offense), criminal investigation reports (Evidence of a repeated offense), written judgments (from 219 to 226 of the record of evidence), current status of personal confinement (Evidence No. 227 of the record); and application of Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;