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(영문) 수원지방법원 2018.09.06 2018고합201
강간
Text

Defendant shall be punished by imprisonment for a term of three years and three months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant is the director of the Taekwondo Institute located in Young-gu in Gyeonggiwon-gu, and the victim B (V, 21 years of age, 21 years of age) is the criminal who works at the above private teaching institute.

On December 2, 2017, the Defendant, at around 04:01 on December 2, 201, completed a meeting in the street near D in Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, and stated the E indictment, which is a vehicle operating the said private teaching institute, as “F” with the victim, but it appears to be a clerical error.

While waiting for a proxy engineer on board Lone Starsch Rexroth, the victim was frightened to rape the victim, and the victim was sealed by his hand, and the victim resisted and resisted the defendant, but the victim was placed on the victim's body by force, lying the victim's resistance into the victim's body, suppressing the victim's resistance, and was out of the victim's bright and clothes, and raped by inserting the victim's sexual organ into the victim's sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made with respect to B (tentative name), G and H;

1. Medical records, etc. for victims of sexual assault, investigation reports, and reports on their genes;

1. Voluntary accompanying reports, internal investigation reports, the details of conversations submitted by the victim, the closure of a telephone recording, photographs of the Taekwondo Driving Schools (E), internal and external photographs, investigation reports (verification of CCTV images in the site of this case), photographs, investigation reports (content of voice recording files submitted by a witness H), criminal history and criminal history inquiries, and the application of statutes governing investigative reports (to listen to the victim's telephone statement);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning 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, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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