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(영문) 수원지방법원 2016.09.12 2016고합368
준강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal record] On October 2, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Flag Flag, and completed the execution of the sentence on February 16, 2015.

[Criminal facts]

1. On June 4, 2016, the Defendant illegal use of automobiles and violation of the Road Traffic Act (unlicensed driving) discovered the keys of the E-Poter cargo vehicle owned by the said victim company in the Section Section D Production Department office located in the Section D Co., Ltd., Ltd., the Defendant around 19:00 on June 4, 201, and taken the cre in which surveillance is neglected.

In doing so, the above cargo vehicles parked in the above company parking lot are driving the above cargo vehicles at the same city F until 05:50 on the following day without obtaining a driver's license, from the G G in the same city, from the same city F, from the first day in H in the same city, and from approximately 50km to the K Hospital parking lot in the same cityJ.

Accordingly, without the consent of the right holder, the defendant used the E-Poter cargo vehicle temporarily, which is owned by the victim company, and operated the above cargo vehicle without obtaining a driver's license.

2. A quasi-indecent act: (a) around June 5, 2016, the Defendant: (b) parked the cargo vehicles specified in paragraph (1) on the back side road near M in Snju City, and was in the run in the vehicle; (c) while committing self-defense, the Defendant was able to commit an indecent act depending on the victim N (V, age 21) by driving the said cargo vehicle on the side of the said cargo vehicle while under the influence of alcohol; and (d) was able to commit an indecent act depending on the victim by driving the said cargo.

The Defendant parked the above cargo vehicle around G4 located in F at the time of the victim, and found the victim, and reported the situation that the damaged person was locked to the sperm located in the above G, and was seated next to the victim, and was under the influence of alcohol due to the victim's seat, and was under the influence of her chest by hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

3. Quasi-rape.

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