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(영문) 수원지방법원 2018.08.09 2018고합115

유사강간등

Text

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

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

Reasons

Punishment of the crime

The 4 members of the defendant, the defendant's female-friendly Gu, the victim D (man, family name, 23 years old) were able to travel together with a macro-road.

At around 00:30 on January 14, 2018, the Defendant: (a) 1509 Friart 1509, the Defendant, while drinking the same alcohol and talking about, had first come to the bed room for one’s own injury; (b) had the victim’s finger away from the bed down to the bed down room; and (c) had the Defendant’s finger away from the bed back to the bed part of the victim’s drinking; and (d) had the victim’s finger away from the bed back to the said bed back to the bed part of the victim’s hand; and (d) had the victim’s finger back to the said bed back to the bed back.

Accordingly, the Defendant: (a) raped the victim by inserting the fingers into the inner organ of the sexual organ, and committed an indecent act by forcing the victim to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D (tentative name) and G;

1. Reporting on additional statements made by victims;

1. Application of Acts and subordinate statutes to the structure and drawings of guest rooms, and photographs of victims;

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 and Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances that are favorable to the statement in the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes committed before the instant case).