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(영문) 대전지방법원 2019.07.12 2019고합108

유사강간

Text

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

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

Reasons

Punishment of the crime

From February 25, 2019 to 10:00 on February 25, 2019, the Defendant provided drinking alcohol to the victim B (the name, credit, the age of 19) who is a part-time student of the convenience store operated by the Defendant, and provided drinking alcohol to the victim around 01:00 on February 26, 2019, and went together with the Daejeon B building and the victim under subparagraph D, a residence of the victim.

The Defendant, while under the influence of alcohol at the above location, exceeded the victim's inner part on the wall, laid the body above the victim's body, and brought the victim's hand into the panty line, and boomed the victim's finger, even though the victim was "I Ra."

As a result, the defendant committed an act of inserting part of body such as fingers or implements during the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Investigation report (to hear statements from the victim's male or female-gu);

1. An examination request table (No. 9 No. 1 of the evidence list);

1. Application of the Acts and subordinate statutes to photograph photographs, CCTV images-fashion photographs, each CCTV CD, a text message closure photograph taken by a police officer at the site visit;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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 criminal punishment for sexual assault crimes so far, and the background, method, and form of the instant crime, etc., the Defendant is punished, personal information registration, and treatment program for sexual assault.