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(영문) 서울동부지방법원 2018.06.28 2018고합146
강간상해등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

To the extent that there is no substantial obstacle to the exercise of the defendant's right of defense, part of the facts charged was revised according to the evidence relationship.

On May 9, 2018, the Defendant, at around 02:38, 2018, had the victim D (ma, 37 years of age) lying in the front of the C convenience store located in Gangdong-gu Seoul Metropolitan Government, to report the victim D and to commit an indecent act.

From that point of time, the Defendant got back to the victim in Gangdong-gu Seoul Metropolitan Government, and prevented the victim from suffering with one hand, and tried to attract the victim's head, shoulder, etc. several times by other hand, and to attract the damaged person to the inside of the frame.

Therefore, in order for the victim not to be towed, the defendant who is knee knee in the floor and knee and sound is "I am knee, knee, knee, knee, and knee."

".................. the victim's right chests to the right chest with left hand, and the victim who continued to be sound and resisted, and the head, etc. was drinking, which led the victim to a diversal dog, the victim was unable to know the period of treatment, and the victim was satisfy, and the victim was satisfy.

Accordingly, the defendant forced the victim to commit an indecent act and injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A statement prepared by the victim;

1. Recording recording recording recording recording;

1. Application of investigation reports (the victim's upper part photo, black booms around the scene, and CCTV confirmation) and the Acts and subordinate statutes on attached data;

1. Relevant legal provisions and Articles 301 and 298 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse.

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