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(영문) 수원지방법원 2017.11.30 2017고합565
준강간
Text

Defendant shall be punished by imprisonment for not less than three years and eight months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant is a swimming instructor working for a swimming pool D in Suwon-gu, Suwon-gu, Suwon-si, and the victim E (V, 30 years of age, 1) is a student who has a swimming pool for the defendant.

On July 21, 2017, the Defendant: (a) around 23:10, around 2017, called “F” in the vicinity of the above swimming pool with G, H, and the victim; (b) drinked the alcohol at the main point of “I” in the vicinity; (c) provided the victim with the alcohol, and (d) sent the victim with the victim, and (e) sent the victim with his/her mind that he/she would have sexual intercourse with the victim, and (e) moved the said taxi to “Kel” located in the case of Suwon-gu, Suwon-si.

On July 22, 2017, around 03:40, the Defendant: (a) laid off a victim celf from a bed; (b) laid off the victim’s burf and panty; (c) laid off the victim’s burf and panty; and (d) laid down 10 fingers into a sound part; and (d) inserted the victim’s surf into a sound part.

Accordingly, the Defendant raped the victim by taking advantage of his mental or physical loss or her impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Letters to be submitted to victims (20 pages of investigation records);

1. Investigation report (Securing CCTVs for the Kelel) and investigation report (Interview with the owner of the Kelel business);

1. The name of the defendant and the victim recorded in the CDA CCTV CD (the form of the defendant and the victim recorded in the CD);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. 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 subject to Exemption from Disclosure and Notice Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and environment; the type, motive, process, consequence and seriousness of the instant crime; relationship between the Defendant and the victim; disclosure order or notification order; the degree of disadvantage and anticipated side effects of the Defendant’s injury may be achieved.

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