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(영문) 서울남부지방법원 2016.06.10 2016고합193
유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

The defendant, around 19:00 on March 2, 2016, entered the main place of "E" operated by Yeongdeungpo-gu Seoul Metropolitan Government Victim D (Fele, 52 years of age) and demanded that the victim "I knee knee kne kne kne kne kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn,".

Defincing to die; or

Although the victim's resistance was imprisoned by his body, he continued to put about 1 minute fingers by suppressing the victim's resistance.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police victims against D;

1. Statement made by the police witness with respect to the F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the victim by telephone);

1. Relevant Article 297-2 of the Criminal Act concerning a crime (the point of similar rape);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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 disclosure and notification orders, and the protection of children and juveniles against sexual abuse;

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