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(영문) 광주지방법원 2018.10.26 2018고합54
강간
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

On July 31, 2017, at around 05:30 on July 31, 2017, the Defendant called “C cafeteria” located in Gwangju Mine-gu, that “F (n, 19 years of age) of the victim F (n, f, etc.) of sexually friendly job offers by E, E, and D, etc., drinked “n, f, f, and, at the same time, f., f., f., f., f., f., f., f., f., f., f., f., f., at the victim’s house.”

The Defendant: (a) went in the vicinity of the I Middle School located in Gwangju-gu, Gwangju-gu; (b) around the time the Defendant: (c) brought the victim to the I Middle School and walking the victim into the I Middle School; (d) put the victim’s two legs and the necks on the floor of the main entrance of the Dial Center, with the victim’s personal walked on the right side of the Dial Site; and (d) put the victim on the floor of the area.

The term “hick” refers to a body of the victim with a single arms, where the victim’s shoulder, thereby shacking the fingers up to the suck of the victim, and the victim’s body prevents the victim from driving, thereby suppressing the victim’s resistance, and inserting the Defendant’s sexual organ out of the victim’s panty, and inserting the victim’s sexual organ into the part of the victim’s panty by another hand.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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 or notify, and 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 accused’s possibility of recidivism of sexual crimes, disclosure order, and notification order are disadvantageous to the accused.

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