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(영문) 수원지방법원 안양지원 2021.01.29 2020고합134

유사강간등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2020, the Defendant forced indecent act: (a) committed an indecent act in the Guang City B’s parking lot around 00:02; (b) committed an indecent act with the mind that the Defendant forced the victim C (the victim (the 20-year old age), who is a shop rent, had the victim’s body by his own arms; and (c) forced the victim to commit an indecent act by forcing the victim by using his own arms; (d) putting the victim into the back seat of his own car parked in the same place; and (e) coercing the victim to prevent the victim from provokinging the victim’s hys; and (e) coercing the victim from provokinging the victim’s hys; and (e) committing an indecent act by coercioning the victim by using his own st

2. At the time of the above day, the Defendant: (a) took the victim C from the above passenger car at the time of the above day to the above building No. B; (b) took the victim C into account his residence; (c) took the victim’s chest over his body so that the victim’s chests could not be separated from the victim’s chests; and (d) took the victim’s fingers into account within the victim’s body so that the victim’s chests could not move.

Summary of Evidence

1. Application of the police statement protocol to Defendant’s legal statement C and the response statute as a result of water appraisal;

1. Relevant Article 298 of the Criminal Act and Article 297-2 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment) concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [the aggravated punishment for concurrent crimes, which shall be heavier than the punishment for similar rape, (within the scope of the sum of the long-term punishment for the above two crimes)];

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

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 notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) (the Defendant’s age, occupation, and occupation).