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Reasons
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(영문) 수원지방법원 2015.05.26 2015고합171
준유사강간등
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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 80 hours.

Reasons

Punishment of the crime

1. Around 08:00 on January 9, 2015, the Defendant: (a) discovered the “E convenience store” in the D market located in Suwon-si C, Suwon-si; (b) attempted to find the victim F (20 years of age) who was deprived of awareness under the influence of alcohol; (c) had the victim committed an indecent act by bringing the victim into his/her place of residence; and (d) led the victim to a 109 “Gindo” where he/she knew.

Accordingly, the defendant kidnapped the victim for the purpose of committing indecent acts.

2. A quasi-Rape: around 08:00 on January 9, 2015, the Defendant: (a) 109 of “Ginsium” located in H in the Suwon-si Y, Suwon-si; and (b) as described in the foregoing paragraph (1) included the kidnapped victim’s fingers into the victim’s part under the influence of alcohol; and (c) 3-4 times his fingers into the victim’s part of the drinking part.

Maderns repeated.

Accordingly, the defendant committed similar rape by taking advantage of the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each investigation report (including data appended respectively);

1. Application of Acts and subordinate statutes of the DDA;

1. Relevant Articles 288 (1) and 299 and 297-2 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

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

1. Where a conviction becomes final and conclusive for each of the crimes indicated in the holding, the Defendant who registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is subject

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