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(영문) 의정부지방법원 고양지원 2019.06.11 2019고합53
준유사강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, on November 4, 2015, the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") was sentenced by the Seoul Western District Court to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Housing Rape, etc.) and for a limited term of four years and six months due to indecent act by force, and is still under the suspension of execution as of November 12, 2015.

On December 2, 2018, at around 03:17, the Defendant, at the Seoul Mapo-gu Seoul building parking lot, sent the victim’s chests and part of the drinking part to the victim C (the victim 23 years of age), who was under influence of alcohol, on his/her own hand, and moved the victim’s chests and part of the drinking part to his/her back to the dial area, with his/her fingers and part of the victim’s chests and part of the drinking part, and put the victim’s part into the victim’s inner part.

Accordingly, the defendant put the defendant's sexual organ inside the mouth by taking advantage of the victim's state of non-performance to resist.

The Defendant, along with the facts constituting the crime, committed a sexual crime on November 12, 2015, committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and a crime of indecent act by compulsion, and committed a final judgment of conviction on the charges of committing a sexual crime on November 12, 2015, and thus, committed a sexual crime again to the crime in this case on at least two occasions

In addition, considering the content of the instant crime and the previous sexual crime, motive for the crime, and repetition of the crime against unspecified victims, the Defendant is likely to recommit a sexual crime.

Summary of Evidence

Defendant’s partial statement

C’s report on the occurrence of the C’s written statement (quasi-Rape), internal investigation report, and attached 112 Reporting Report, each investigation report (No. 6, 8, 10, 11, and 32 in order) and the accompanying documents, and the response to a request for genetic law/chemical assessment report and the previous investigation report attached thereto: Each investigation report (No. 34,36 in order) and attached data, and the risk of recidivism of sexual crimes and recidivism.

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