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(영문) 수원지방법원 2017.07.13 2017고합227
유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On January 26, 2017, at around 19:30, the Defendant first saw the Victim E (Woo, 21 years of age, Ga) on the road located in Suwon-si, Suwon-si, which is located in the Gu of Suwon-si, with the introduction hosting, and then, the Defendant would be able to drink the victim’s “at a place where she was frighted.”

“At around 23:00 on the same day, she went to Gelel located in Suwon-si F, Suwon-si, and entered the victim.

The defendant has called the victim at home and is expected to go to the house.

The defective kis on the part of the victim, who was placed on the part of the victim, and tried to get off the clothes of the victim by hand, who was refused to get off the victim's kis, was exempted from the victim's kis and panty with another hand, and made the victim's kis and panty, kis the victim's kis and chest, and put the kis into the bridge between the victim's kis and the kis, and put the defendant's kis into the part of the victim's kis.

By doing so, the defendant put his fingers into the victim's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Response to a request for appraisal;

1. Efafics of H conversationss;

1. Application of Acts and subordinate statutes to a report on investigation (based on the results of the suspect's oral appraisal);

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. 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 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social relationship with the Defendant, the Defendant’s age, occupation, family environment and social relationship, the details, circumstances, and outcome of the instant crime, which may be achieved by the disclosure order, are due to the prevention of sexual crimes subject to registration, the effect of protecting the victims, and the disclosure order.

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