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(영문) 서울남부지방법원 2018.04.26 2018고합59
유사강간
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 18, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Electronic Financial Transactions Act at the Incheon District Court on October 18, 2017, and on October 26, 2017, and the execution of the sentence becomes final and conclusive on October 26, 2017.

On January 4, 2018, at around 08:00, the Defendant, at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government C 302, worked together with the Defendant’s female-friendly Gu D and female-friendly Gu’s victim E (n, 27 years of age) who is the Defendant’s female-friendly Gu, and the female-friendly Gu was under the influence of alcohol, and the Defendant tried to look at the victim’s chest with his/her finger, the victim’s finger, and the victim tried to do so.

Mad only up to such time.

If you take place, how you see the face.

If there is only a period of time, it shall be gallled.

“ ..............”

Nevertheless, the defendant, in his hand, was exempted from the clothes of the victim, and was temporarily locked by the victim.

D In order to request assistance from a person outside his/her part, to prevent the victim's head knife and knife the victim's head knife from the back, and "blicked"

D. At the same time, the victim’s resistance was prevented, and the victim’s panty and panty were forced off, and the victim’s panty was taken off by hand, and the victim’s panty was added to the sound part of the victim.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A photograph of victim's injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report, such as attachment of judgment);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

1. An order of disclosure and disclosure of registered information exempted from disclosure and notification order needs to be careful, as it may have a significant impact on the accused.

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