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(영문) 서울동부지방법원 2018.11.23 2018고합238
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant stated the victim B (In the facts charged of this case, the victim’s age is “19 years of age,” but according to evidence, this appears to be a clerical error in “18 years of age,” and thus, it is corrected as above).

It is the difference between the part-time employee of the store and C.

After leaving around 03:50 on March 24, 2018, the Defendant: (a) stated that the Defendant would drink alcohol to the victim “I will do so by going to the right side of the female; (b) I will do so; (c) will do so; (d) will do so at the home of the victim; and (e) will do so at the Seongdong-gu Seoul Metropolitan Seongdong-gu Mael (hereinafter “the instant telecom”); (d) will do so with a caner and talk with the victim; and (e) will do so in a way that the victim gets tightly, the victim’s two arms are cut to the right side of the female; and (e) the victim’s face should not be added to another hand; and (e) the victim’s body continues to be removed from the victim’s body and the victim’s face should not be added to the victim’s face.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each investigation report (the specific place of crime, confirmation of the details reported, dispatch to the scene and on-site investigation, confirmation of CCTVs of D hotels, E dialogue range, results of the National Scientific Investigation and Research Institute's replys to genetic assessment, and the contents of replys to genetic assessment);

1. Application of the CCTV-related Acts and subordinate statutes to the D hotel CCTV;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order or a notification order.

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