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(영문) 청주지방법원 제천지원 2020.02.13 2019고합15
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

The Defendant set up a “law party” in the residence located in Incheon-si B, and carried out a so-called “prehion treatment” to the effect that he takes a blood-place in his body or her body in good condition, and the victim C (a person under family name) has received a marina from December 2018 to the Defendant.

1. On April 1, 2019, the Defendant, at around 11:00 on April 1, 2019, committed indecent act by compulsion, committed an indecent act against the victim while standing the victim in the above Defendant’s residence. On April 1, 2019, the Defendant committed an indecent act against the victim. On the part of the victim’s panty, the Defendant collected the victim’s hand by inserting his hand.

Accordingly, the defendant committed indecent acts by force against the victim.

2. On April 8, 2019, the Defendant, at around 11:00 on April 8, 2019, committed similar rape, with the intent of having the victim engage in similar rape while standing in the victim’s residence, and had the victim gather her hand with the victim’s panty, and put the finger in the part of the victim’s drinking.

Accordingly, the Defendant committed similar rape.

Summary of Evidence

1. C’s legal statement;

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

1. Partial statement of each police interrogation protocol (including a substitute) of the accused;

1. Statement of witness by the police officer regarding C;

1. A complaint prepared by C;

1. Application of text messages to the Acts and subordinate statutes;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Sexual Crimes Punishment Act");

1. Articles 47(1) and 49(1) of the Sexual Violence Punishment Act exempted from disclosure orders and notification orders, and concerning the protection of children and juveniles against sexual abuse;

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