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(영문) 수원지방법원 성남지원 2016.08.25 2016고합96
유사강간
Text

A defendant shall be punished by imprisonment for one year.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant was sentenced to a suspended sentence of two years on August 8, 2015, due to forced indecent conduct in support of the Suwon Friwon, and the judgment became final and conclusive on May 20, 2016.

On January 2, 2016, the Defendant discovered that the Defendant was divingd by the victim G (neep, 25 years old) in the F bus toward E University located in Gwangju-si, Gwangju-si, and that the Defendant was seated at the right side of the victim, and met the victim's chest by seating above the victim's breast, met the victim's panty and the part above above with the victim's panty and the part above with the victim's finger, by putting the victim's finger into the panty line, again putting the victim's finger, and then putting the victim's finger into the victim's finger line, there was no passenger in the surrounding area, and the Defendant, who was a male victim, continued to commit rape, by making the victim's knick and the part above with the victim's finger, making the victim's knick, and knick up the victim's chest by making the victim's knick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A photograph of a CCTV image closure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on the results of confirmation of criminal history of the same type);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The crime of this case on the grounds of sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a victim who has been locked in a bus.

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