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(영문) 수원지방법원 성남지원 2020.01.23 2019고합111
유사강간등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On December 16, 2018, the Defendant committed indecent act by compulsion, at around 03:30 on December 16, 2018, committed an indecent act by compulsion: (a) in front of the residence of the victim C, a middle school building located in Seongbuk-gu, Sungnam-si; (b) provided that he would make drinking together to the victim’s house; and (c) entered the victim’s house to place the victim on the floor and fit the victim’s chest; and (d) took the victim’s chest by hand

2. A similar rape Defendant did not appear despite the victim’s request after committing the crime, and the victim went out of the house with the Defendant in order to bring the Defendant out of the house.

The victim is going to go to the near taxi stop, and the defendant was called to go to the house of the defendant, but the defendant stated that "I am to find out if I am to the spacker, I am to the spacker", and the victim who thought to go to the defendant's house again, thought that I am to return to the house after sending the defendant to the nearby telecom.

On December 16, 2018, the Defendant: (a) went between the victim and the victim in Sung-nam-si Delel; (b) 04:30 on December 16, 2018, the Defendant tried to put the Defendant into the victim’s drinking room by breaking the victim’s body on the body of the victim who is going to leave the room; and (c) dump the victim’s body by inserting the victim’s body on the bridge, but (d) put the victim’s body into the part of the victim’s drinking body, and then put the victim’s sexual organ into the drafting.

Summary of Evidence

1. Defendant's legal statement;

1. C Complaints;

1. C Public prosecutor's office and police statement;

1. A gene appraisal report;

1. Investigation report ( telephone conversations between parties for reference and telephone communications);

1. Application of Acts and subordinate statutes to which text messages and E messages are sent to the victim, letters sent by the defendant to the victim, and letters sent by each victim to his/her natives;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, and Article 297-2 of the Criminal Act;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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