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(영문) 서울중앙지방법원 2018.05.17 2017고합1229
준강간등
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

1. The Defendant in violation of the Medical Service Act is not an oriental medical doctor, who conducts education, such as marina, physical management, and rain management, with the trade name, “F” under Article 914 of the Seoul Special Metropolitan City E-gu Building 914.

Nevertheless, the Defendant, on April 21, 2017, ordered a student D and G (after the opening of a place, after the opening of a place of marina, to remove a cigarette from the school.

At the same time, a number of the parts of the D and G was set.

On April 22, 2017, the Defendant continued to remove a cigarette to the said D at the same place.

At the same time, there was a number of the parts of the D above.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant committed an oriental medical act.

2. The Defendant, at around 14:00 on April 22, 2017, at the place specified in paragraph 1 at around 14:0, and at the place specified in paragraph 1 at around 2, 2017, at the same time as that of paragraph 1, removed the invasion against the above victim D (W, 48 years old) who sets a marina.

In the case of malama mathy, he/she shall be off of his/her clothes as he/she can be asked.

“The victim was placed on the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the victim’s body, and the bend part of the bend part of the victim’s chest and the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the victim’s body, and the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the victim’s sexual intercourse once.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's psychological impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of D or G;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Complaint;

1. The application of Acts and subordinate statutes to a report on investigation (to be accompanied by data submitted by a complainant);

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