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(영문) 수원지방법원 2017.01.12 2016고합318
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person who has been in office as the head of management department in Ansan-si, and the victim E (V, 24 years old) is a person who was in office of the defendant working as a health trap at a place.

On November 14, 2015, the Defendant offered that the Defendant would have worked in front of the Gel in the Gu F during the period of Ansan-gu 05:00, and offered that the Defendant would work for the victim at the above conference prior to his work, and entered the above 406 room with the victim who respondeded thereto.

At around 05:30 on the same day, the Defendant met the part of the victim's chest with her finger, and avoided the victim's body by shouldering the her body, thereby leading the victim's finger by hand, leading the victim's finger by hand, and pushed the victim's body into the her part, pushed the victim's her body, pushed the victim's her part, pushed the victim's her part into the bend floor, pushed the victim's her part into the bend floor, cut down the victim's her part into the bend and resisting the victim's her part, and led the victim's resistance to the victim's her part. At the same time, the Defendant continued to put the victim's her part into sexual intercourse with the victim's her part and her part into the victim's her part and her part by inserting the victim's her part with her hand and her part with the victim's hand, and continued to put the victim's her part into sexual intercourse with the victim's own part and part.

Accordingly, the defendant had sexual intercourse with the victim three times in total on the same opportunity.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Complaint;

1. Details of H letters;

1. The application of Acts and subordinate statutes to investigation reports (recording submission);

1. Article 297 of the Criminal Act applicable to the facts constituting an offense;

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 disclosure and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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