logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.12.15 2016고합102
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 24, 2016, at around 04:00, the Defendant: (a) 24:00, in a fluence room in the Eunpyeong-gu Seoul Metropolitan D 1st underground floor; (b) opened a victim F (the victim F, the age of 25) and singing; and (c) opened a part of the victim’s back to the rest; (d) opened a knife in the rest of the victim; (b) knife the victim’s left part with a knife with a knife with a knife with a knife with a knife, and flife with another hand; and (c) flife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a 2-threedem.

Summary of Evidence

1. The statement made by the defendant to the effect that the breast was delivered to the victim and the finger was put in the victim's sexual flag after having kistened;

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

1. The defendant asserts that he/she committed the same act as the criminal facts with the consent of the victim, in consideration of the defendant's age, motive for the crime, force of the crime, seriousness of the crime, etc., of Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from disclosure order and notification order, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the defendant's age, motive, criminal history, gravity of the crime, etc., the defendant's personal information can be registered and the order to complete sexual assault treatment program can be seen as having the effect of preventing recidivism.

However, in full view of the following circumstances acknowledged by the evidence duly examined in this court, the victim's statement is reliable, and thus, the victim's statement, etc. is found guilty of the facts charged in this case.

arrow