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(영문) 의정부지방법원 고양지원 2018.09.18 2018고합120
준강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, from around 01:00 on August 10, 2017, from around 01:0, to around 01:00 on August 10, 2017, performed alcohol together with the victim D (n, 18 years of age) who is a part-time employee of the Defendant’s operation of the Defendant at the pakju-si (hereinafter this case’s restaurant) and other daily activities, from around 04:00 to 06:00 on the same day on which other daily activities have returned home, provided that the Defendant and the Defendant drink alcohol more at the “E” restaurant in and around this case’s restaurant.

On the other hand, the victim often drinks in the presence of other staff members in the case of a meeting;

At the time, after the work was completed, 500cc. 3 to 4 p.m. and 3 p.m. were found to have been more than ordinary f.m. due to the fact that 500cc. 3 to 4 p.m. and 3 p.m.

The Defendant, around the same day, at the time of the victim’s attendance, told the victim’s parents to be placed in a difficult situation, such as divorce, etc., and sexual intercourse with the victim by using the victim’s non-fluence in a state of resistance by inserting the victim’s clothes from the victim’s second floor of this restaurant, and inserting the Defendant’s sexual organ into the victim’s sound book.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the prosecution against D and statement made by the police (1, 2, and 3 times);

1. A complaint filed for DNA preparation;

1. Investigation reports (related to the submission of victim-recording files) and the application of the CD-related Acts and subordinate statutes attached thereto;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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, to notify, and to restrict employment, and Article 47(1) and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1), Article 50(1) proviso, and the proviso to Article 56(1) (the instant crime is not an offense against an unspecified victim, but the Defendant is likely to repeat a sexual crime, such as having no same criminal record, without

It shall be readily concluded.

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