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(영문) 서울동부지방법원 2016.08.11 2016고합94
유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2015, from around 08:30 to the same day from around 08:45 on the same day, the Defendant stated that “D” rooms located under Seongdong-gu Seoul, Seongdong-gu, Seoul, means that the Defendant drinks with male-child E and the victim E and the victim F (e.g., 21 years of age) to drink, “I will drink any longer, I will do so,” and that the Defendant would drink from the above room, and then, during the then-long period, the Defendant was flicked to the Defendant, and the victim was flicked to the above singing room, and the victim was flicked to put the victim’s sexual finger, and flicked to the victim’s sexual finger, and flick to the victim’s side, and flick to the victim’s finger, and then, the Defendant she saw both the victim’s hand and flicked the victim’s hand.

“In the end of the body of the victim, she laid the body of the victim, she takes one arms of the victim into his/her body, takes other arms of the victim into his/her hand, makes dancing by force of the victim, takes custody of the chest of the victim with other hand, put the victim into the victim’s panty, and put the victim’s finger into the victim’s panty, and her finger into the victim’s finger.

Accordingly, the defendant abused the victim to put the victim's fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. E written statements;

1. Application of the drug law to the statutes;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant was punished for a sex offense before committing the instant crime).

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