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(영문) 수원지방법원 성남지원 2018.05.24 2018고합19

강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

Since May 2017, the Defendant conspiredd with D and D from May 2017, and the victim E (the age of 29) is a high school-friendly district of D.

From July 25, 2017, the Defendant, from around 22:30 on July 25, 2017, and from around D and D’s first day, drinking alcohol back to D’s house and singing room in the vicinity of D’s house, and around 02:00 on the following day, the Defendant and D were locked at a small room.

The Defendant refused to cross up the body of the victim who was intending to sleep due to a small room between D around 02:40 and her friendly and telephone conversations in Vibera, and the victim who was pushed up and pushed down.

Inasmuch as the victim does not resist at all times, he/she was raped by inserting the clothes of the victim, cutting the clothes of the victim, inserting them off, and inserting the chest with the chest, inserting it into a sound part, unless he/she is able to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of E and D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with respect to E and D;

1. A report on internal investigation (Attachment of photographs at the scene of crime), each investigation report (as regards the victim's photograph taken at the triba center, on-site investigation into the place where rape occurred, response to requests for appraisal by states and water, relative investigation into victims-friendly G, and nurturing a fixed reaction);

1. Application of Acts and subordinate statutes, such as written consent, etc. of victims of sexual assault, text of 112 reported, D residence pictures, text messages received by the victim from the accused, text messages, places where rape occurred, photographs, and gene emotions;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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 order to disclose or 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 shall be a sexual crime;