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(영문) 창원지방법원 2018.05.10 2018고합41

유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment.

Reasons

Punishment of the crime

On October 1, 2013, the Defendant: (a) discovered the victim F (e.g., 31 years of age) who enters the telecom in the direction of the “Eel” located in Sungwon-si, Sungwon-si; (b) found the victim F (e.g., 31 years of age) who gets into the telecom; (c) turned back by hand around the elevator on the first floor of the Maurdo, left the victim to sit in the floor; (d) laid down the victim’s hair; and (e) laid down his sexual organ on the floor; and (e) laid down the victim’s hair.

“In the face-to-face of the victim who refused the defendant, the victim’s entry refers to “h, killed, and killed.........” The victim heard the victim’s words “h, to the end,” “h, to the end, and to the end,” “h, to the end, to the end,” and “h, to the end, to the end, to the end, to the end, to the end, to the end,” and to the end, to put the victim into the victim’s entry.

Accordingly, the defendant committed an act of inserting sexual organ into the victim's mouth by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An investigation report (in the vicinity of the scene, investigation of search, appending ctv and suspect photographs - photographs by capturing video images, sctv and sponsed persons);

1. Requests for genetic appraisal or response to requests for appraisal;

1. The transmission of the results of DNA identity verification data search results, notification of the fact that the DNA identity verification information corresponds to the DNA identity verification information, and the application of a statute to inquire about a convict DNA personal information;

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

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 among the reasons for sentencing)

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. As to the facts constituting a sex offense subject to the registration of personal information, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a conviction shall be made on the facts constituting a sex offense subject to the registration of personal information.