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(영문) 서울동부지방법원 2018.02.02 2017고합390
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim D(the age of 23) are between the same Lestop and the same Lestop.

1. A similar rape: (a) around 04:00 on September 15, 2017, the Defendant: (b) committed a similar rape, such as: (c) the victim’s satisf in the F speech room located in Songpa-gu Seoul Metropolitan Government by side; (d) the victim’s satisf in the victim’s arms; (e) the victim’s satisf in the victim’s arms; and (e) the victim’s satisf in the victim’s legs; and (e) the victim’s satisf in the part of the victim’s satfs.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) taken video pictures using a cell phone to rape the victim against the victim’s will at the same time and at the same place.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

3. In around 04:50 on September 15, 2017, the Defendant committed an indecent act by force, such as forcing the victim to talk with the victim on the work at the singing room in front of Songpa-gu Seoul, Songpa-gu, Seoul, on the part of the Defendant, on the part of the victim’s chest and to put him/her on his/her finger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (No. 3,5,13 once a year);

1. Relevant provisions of the Criminal Act and Article 297-2 of the Criminal Act concerning the crime, the selection of punishment (a point of similar rape), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, a choice of imprisonment), Article 298 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the most similar rape)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment, etc. of sexual assault crimes;

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