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(영문) 전주지방법원 정읍지원 2019.05.22 2018고합62

강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 4, 2018, at around 23:00, the Defendant drinked alcoholic beverages with C, C’s female-friendly Gu D, D’s post-paid victim E (the family name, the female-friendly family name, the age of 24) of the Defendant in Gwangju City.

Around 02:00 on August 5, 2018, the Defendant entered a small room on the victim’s own for self-injury, called “the ward is to be unable to get off” and asked the victim “I will return to the same person.” Even though the victim did not refuse to do so, the Defendant left the room next to the victim, and kidd the victim’s chest by taking the bath theory, such as “I mad, cut off,” and kid the victim’s finger by her hand, who was up on the part of the victim, and put the victim under the victim’s neck with another hand.

Then, the Defendant exceeded the victim's panty, laid down the victim's upper chest part of the chest, laid down the victim's bridge by other hand, and laid down the victim's leg, and rejected the victim's crypt, "I will fright to fright, fright to fright to fright," but instead, inserted the victim's shoulder into the part of the victim's sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement of E (tentative name) and D;

1. Report on the place of the offense and the arrival of domestic investigation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 and notify information, and an order to restrict employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not have any record of being punished as a crime of sexual assault