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(영문) 서울중앙지방법원 2017.10.26 2017고합898

간음약취등

Text

A defendant shall be punished by imprisonment for not more than ten months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 22, 2017, around 02:55, the Defendant: (a) discovered the victim E (the 23 years old) who was drunk on the ground floor by drinking on the front side of the “D Real Estate” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “D Real Estate”); (b) opened on the back of the victim; and (c) opened the left hand on the shoulder of the damaged party; and (d) opened the victim’s chests and bucks.

Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.

2. Sexual intercourse Defendant: (a) confirmed the victim’s abduction at the time, time, and place of paragraph 1; (b) brought the victim behind for the purpose of sexual intercourse with the victim; and (c) led the victim to the guest room in Seoul Special Metropolitan City, Nowon-gu, where approximately 100 meters away from the said D real estate by putting and cutting the victim’s arms.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor's office with respect to E and H;

1. A written statement of I;

1. Each photograph (Evidence list 5, 11, 12, 15);

1. Each investigation report (Evidence list 6,10,13);

1. Application of the statutes on the screen of the Internet map closures;

1. Relevant Articles 288(1) and 299 and 298 of the Criminal Act concerning criminal facts and the choice of punishment (the occupation of kidnapping sexual intercourse) of the same Act, Articles 288(1) of the Criminal Act (the occupation of quasi-voluntary indecent act and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavy sexual intercourse)

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the instant crime alone involving multiple unspecified persons).