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(영문) 수원지방법원 2019.07.18 2018고합625
강간
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 02:00 on March 18, 2018, the Defendant: (a) placed the victim C (a name, leisure, 24 years of age) at the skin management room in Ansan-si, Seoul-si; (b) forced the victim’s resistance by putting both descendants of the victim who was waiting for a telegraph by hand on his own hand; (c) even though the victim refused to “math”, the Defendant: (d) placed the finger in the lower part of the victim, putting the finger in the part of the victim; (b) laid the finger in the part of the victim; and (c) had the victim sexual intercourse with the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C (tentative name) and D;

1. Each prosecutor's statement concerning C (tentative name) and D;

1. Each police statement made to C (alias) and D;

1. Details of the conversation and the contents of communication between the suspect and the victim;

1. The application of statutes to prepare and report recording records;

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

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Public Notice Orders and Employment Restriction Orders; 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 56(2) of recidivism of sexual crimes.

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