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(영문) 인천지방법원 2018.01.26 2017고합724

준유사강간

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim D(n, 21 years old) are those who work in the same company.

On June 23, 2017, the Defendant rendered a meeting with the victim’s team members, including the victim, at the store of the trade name in Bupyeong-gu, Seocheon-gu, Incheon, and thereafter, the Defendant served together with the victim as a mutually French restaurant located in Bupyeong-gu, Incheon, Incheon, and then served with the victim, and then served as “Gsing-gu,” located in Bupyeong-gu, Incheon.

On June 24, 2017, the Defendant, at around 04:00, 04:0, sited with the victim who was under the influence of alcohol on the shock scambed on the shock scam, and the victim was scamed by the Defendant’s shoulder, with the expectation of the Defendant’s shoulder, kid the victim’s shoulder, kids on the part of the victim, kids the victim’s chest by hand, kids the victim’s breast, kids, kids the victim’s breast, kids the victim’s breast, kids, and kids by putting the hand into the lower part of the damaged person’s finger.

Accordingly, the Defendant used the victim's mental or physical loss or the state of impossibility to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of text messages, photographs, and the response statutes as a result of requests for appraisal;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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’s age, environment, social ties, criminal records, and the risk of recidivism (no criminal record), profits and preventive effects expected from an order to disclose or notify information, and disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed or notified.