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(영문) 의정부지방법원 고양지원 2018.05.29 2018고합62
준유사강간
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 is a holder of an emergency rescue worker's license, and is working as an emergency rescue worker belonging to D, a private first-aid driver's company.

On February 21, 2018, at around 21:20, the Defendant called to the emergency room of the F Hospital located in Dongjak-gu Seoul Metropolitan Government, upon receiving a request for the transfer of a patient, and called to the emergency room of the F Hospital in Dongjak-gu, Seoul, and the Defendant: (a) placed the victim G (hereinafter referred to as the 20-year-old age) who is unable to move due to a transition disorder on the beds of the H private first-aid vehicle transport column; (b) placed the victim’s mother, who is the guardian, on the top of the vehicle transport column; and (c) had the victim sit back on the part of the victim, check the condition of the victim and transfer the victim

From the above day to the end of 21:59 on the same day, the Defendant sent the victim from the emergency room in the F hospital to the J hospital emergency room in U.S. in U.S. in U.S.-dong-dong-gu I, the Defendant sent the victim's left chests of the victim who cannot move his body due to transition disorder in his hand 4 to 5 times, and put the victim's fingers under this part covered by the victim into the panty, and put the victim's fingers into the panty, and inserted the victim's fingers into the panty.

Accordingly, the defendant added his fingers to the victim's sexual organ in which it is impossible to resist due to the climatic disorder, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a photographic report (report on the contents of CCTV in a H emergency vehicle) and the screen screen accompanied thereby;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant shall be the same).

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