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(영문) 수원지방법원안양지원 2020.08.14 2020고합53
유사강간등
Text

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

1. The Defendant and the victim B (the age of 25, the name of the Defendant and the victim) are between the residents of the militaryposi-si apartment (hereinafter “instant apartment”) and the residents of the militaryposi-si (hereinafter “instant apartment”).

After the brain species operation, a victim who has symptoms of the left-hand paralysis was frequently engaged in a movement at night.

On August 22, 2019, around 22:50 on the day, the Defendant got off knee and kneee by approaching the victim’s movement in the play area adjacent to the instant apartment unit D, by attempting to do so.

After the check, the victim committed an indecent act by force on the part of the victim's left hand with his left hand.

2. Around September 18, 2019, the Defendant: (a) approaching the said victim E-dong prior to the instant apartment building E-dong by attempting to assist the said victim in a campaign; (b) left the victim in a mountain village, which is located adjacent to the D-dong of the instant apartment building; (c) left the victim’s chest by the victim’s own hand; (d) the victim, even if the victim refused to do so, was promptly her chest; (e) the victim’s chest was frighted; and (e) her son was kick by inserting his hand into the part of the victim; and (e) her similar rape was committed by inserting his finger by inserting his finger.

Summary of Evidence

1. Application of statutes governing stenographic records of each police's statement B to the defendant's legal statement;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of similar rape which are heavier than the punishment];

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 an order to disclose or notify, Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) and Article 50(1) proviso of the former Act.

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