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(영문) 수원지방법원 성남지원 2016.02.15 2015고합223
강제추행등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant was playing for a 3-day period of 20 days in the “G penttha” located in the Gyeonggi-gun F, Gyeonggi-gu, E (M, 19 years of age), leading to the participation of the military forces of the Gu-gu C, and together with C’s friendship D and Victims E (M, 19 years of age).

1. On February 23, 2015, the Defendant, at around 02:00, committed an indecent act by force, on the part of the victim, by enjoying diving from the juitius room of the “G gate”, thereby gathering the victim’s fingers by the victim’s inner part, forced justing the her fingers into the victim’s chest, and continuously gathering the victim’s fingers by deceiving the her inner part, and committing an indecent act by force by force, such as: (a) making the victim resist and resisting the victim’s fingers; (b) holding the victim’s fingers by resisting the victim’s fingers; and (c) holding the victim’s fingers back; and (d) making the victim’s fingers back on the part of the

2. Around 00:30 on February 24, 2015, the Defendant raped the victim, who was under the influence of alcohol in the instant G penta, and was sexual intercourse with the victim once, after under pressureing the victim by her resistance, such as her kid on the part of the victim, and her kid on the part of the victim, her kid on the part of the victim, and her flad on the part of the victim, her flad on the part of the victim, and her body was pushed down, and her flad on the part of the victim, and her flad on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and C;

1. Protocols and field pictures of the police statements of E;

1. The contents of the Stockholm conversation;

1. Application of the Acts and subordinate statutes on written appraisal and reply to a request for appraisal;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 297 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 297 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the heavier punishment for rape);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse.

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