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(영문) 서울동부지방법원 2020.08.14 2020고합180
강간등
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

[criminal record] On October 24, 2011, the Defendant was sentenced to eight years of imprisonment for the crime of genocide by the District Court for the remaining life, and the execution of the sentence was terminated on October 26, 2018, which was paroled on October 26, 2018.

【Criminal Facts】

The defendant is between the victim B (n, 28 years of age) and the defendant in a high school.

1. From February 1, 2020 to 06:12 on the same day, the Defendant: (a) from 03:0 on February 1, 2020 to 06:7, singing with the victim, and singinging with the victim in Songpa-gu, Songpa-gu, Seoul; (b) refused, the victim refused; (c) was placed on the singular wave; (d) singing with the victim’s arms by single hand on the part of the victim, sing down the victim’s resistance; and (d) sing down the victim’s hand with one hand, sing down the victim’s hand into the part of the victim’s finger; and (e) inserted the Defendant’s finger’s hand into the part of the part of the victim; and (e) exceeded sing the victim’s sexual organ.

Accordingly, the defendant raped the victim by assault.

2. On February 1, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”) exceeded the victim’s clothes and clothes at the same place as paragraph (1) at around 05:50 on February 1, 202, and taken a photograph of the victim’s negative parts against the victim’s will using his mobile phone camera.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the camera or other similar devices, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of police statement E pertaining to B: Criminal records and investigation reports (to visit the site and face-to-face of reference), investigation reports (to be confirmed), investigation reports (to be reported by a victim’s telephone), investigation reports (to be attached, etc.), seizure records (to be attached, etc.) (to be attached, etc.), and the list of seizures (to be attached, No. 36, and No. 37): Criminal records and investigation reports (to be attached, by repeated crimes).

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