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(영문) 광주지방법원 순천지원 2018.07.05 2018고합67

준유사강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

around December 1, 2017, the Defendant d (I, 41 years old), a victim D (I, I, 41 years old), who was located in Bosung-gun C, drinked with the Defendant, while drinking alcohol at the restaurant. However, the Defendant d's table and other customers' table, and the Defendant d's table and d'bing the above restaurant on the same day.

The Defendant, at around 20:12 on the same day, found the same day at the restaurant, and called “the victim, who was drinking in the table, wanting to do so,” thereby drinking the beer at the cooling house, along with having brought two beer in the beer.

The Defendant, upon the victim’s inception of drinking alcohol, carried the damaged person into a place where the damaged person is in custody of the inner food materials, etc. behind the restaurant, taken the breast in charge of the chest, put the damaged person into the rubber boom of the victim, and put him in the finger within the victim’s sexual flag.

Accordingly, the Defendant committed the act of inserting the fingers in the sexual flag using the victim's mental and physical loss or the state of impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigation report (related to the analysis of visual images of CCTV for crime prevention, which takes the front of a restaurant operated by the injured person);

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

1. The main sentence of Article 16 (2) of the Act on 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 an order to disclose or notify, and 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 has no record of punishment for the same kind of crime and the crime in this case is not committed against a third party unspecified, and thus, the Defendant is highly likely to repeat a sexual crime;

It does not seem, the registration of personal information and the treatment program for sexual violence.