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(영문) 서울남부지방법원 2020.11.20 2020고합286

유사강간등

Text

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

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

Reasons

Criminal facts

On December 10, 2015, the Seoul Southern District Court sentenced the defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter referred to as the "defendant") to two years of suspended execution for six months of imprisonment due to indecent act by force at the Seoul Southern District Court, which became final and conclusive on March 19, 2016.

【Criminal Facts】

On December 17, 2019, the Defendant came to know of the Victim B (V, 20 years of age and 20 years of age) and the Facebookping, and proposed that the Defendant “the Defendant sent the Victim with the Victim for approximately two weeks,” and that “the Defendant sent the film to the Defendant.” On the 17th day of the same month, around 10:30 of the same month, the Defendant first sent the Victim to the Defendant’s residence located in Guro-gu Seoul Metropolitan Government DB E. on the 12:00 day.

The defendant, while appearing a film with the victim at his own room located above the above residence, she is easy for the victim to sleep on the floor on the ground that it is difficult for the victim to avoid, and she talks on the victim's chest by the victim's own hand, and the victim booms the victim's chest by gathering the defendant's hand into the victim's body, booms the victim's body on the part of the victim's body, prevents the victim from resisting the victim. While the victim's chest and brogate are blicked into the victim's chest, and the victim clearly expressed his/her intention to refuse to do so, he/she put the victim's chest into the victim's panty for about two minutes by inserting the victim's hand.

Accordingly, the Defendant raped the victim.

[Fact of the cause of probation order] The defendant needs to be put on probation because he/she committed a sexual crime against the victim even though he/she had the record of being punished for a sexual crime, and is recognized as having the risk of recommitting a sexual crime.