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(영문) 수원지방법원 2015.06.04 2015고합83

유사강간등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. A similar rape on February 1, 2015, the Defendant: (a) discovered the victim E (here, 18 years old) who gets married in the vicinity of the gas station located in Heung-gu, Young-si; (b) turned away around around about 300 meters; and (c) led the victim to the back of the building of the gas station.

피고인은 위 D주유소 건물 뒤쪽 담장 아래에서 피해자를 바닥에 눕히고 피해자 위에 올라탄 다음 손으로 피해자의 머리를 치면서 “너 죽기 싫잖아, 죽고 싶어 하라는 대로 하면 보내줄 테니까 가만히 있어”라고 피해자를 협박하여 피해자가 반항하지 못하게 한 후, 피해자의 티셔츠 안으로 손을 넣어 피해자의 가슴을 만지고 피해자의 스타킹을 무릎까지 내리고 피해자의 음부에 손가락을 넣었다.

The Defendant: (a) had the victim listen to the statement of the victim’s birth; (b) had the victim knee and panty knee; and (c) had the victim enter the victim to prompt the Defendant’s gender; (d) however, the victim did not want to live properly, if the victim wanted to live properly, then threatened the victim with the victim by threateninging the victim to promptly leave the victim’s gender.

Accordingly, the Defendant threatened the victim to put the victim's fingers into the part of the victim and put the victim's fingers into the victim's sexual organ.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took photographs against his/her will by taking advantage of the date and time set forth in paragraph (1) and the function of taking pictures from mobile phones at a place, and by taking advantage of the aforementioned recording function of mobile phones to put the victim into his/her sexual organ

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Guidance on the scene of occurrence;