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(영문) 수원지방법원 안산지원 2019.08.23 2018고합338
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant: (a) at the later house of Dud, Da, E, victim F (n, 21 years of age) and the Defendant was under the influence of alcohol and was under the influence of alcohol in the Defendant’s side; (b) taken the fright of the victim; (c) taken the fright of the victim and panty around the buck place; and (d) taken the victim’s fright and panty up to the buck place; and (d) fright of the victim and fuck up to the buck place.

Accordingly, the Defendant committed similar rape by using the victim’s state of impossibility to resist, thereby putting the victim’s fingers into the victim’s sexual intercourse.

Summary of Evidence

1. Legal statement of witness F;

1. A complaint or a transcript of statement of damage;

1. Investigation reports (G counter-investigation);

1. Application of statutes on H dialogue content data;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting an offense against which a person shall submit personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment

The defendant, at the time of the instant case, only sleeps alone from the victim's side at the time of the instant case, and only sleeps the victim's chest or slicks.

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