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(영문) 서울동부지방법원 2017.10.20 2017고합171
준유사강간
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the occupied owner of C, and the victim D (the 23 years of age) was working in C from February 1, 2017 to February 1, 2017.

Larba is Larba.

On February 3, 2017, the Defendant, along with the victim, had frightened the victim under the influence of alcohol after drinking alcohol with others, including the victim, around February 3, 2017, entered the victim’s residence and diving.

On February 3, 2017, at around 09:00, the Defendant, at the victim’s residence in Gwangjin-gu Seoul Special Metropolitan City, placed his hand in the brode of the victim, who was under influence of alcohol, was able to write down his panty and write down his panty.

As above, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of re-offending, motive of the instant crime, method of the crime, consequences and severity of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, shall not be disclosed in accordance with Articles 47(1) and 49(1) proviso) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse.

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