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(영문) 서울북부지방법원 2018.06.15 2018고합101
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 28, 2018, from around 06:36 to 08:31, the Defendant was under the influence of alcohol in the D 5th floor “Flag Fire Fighting” room for male and female public waters in Seongbuk-gu Seoul, and the Defendant was able to resist, left the right side of the victim E (the victim 24 years old) in a state where she cannot resist, thereby gathering his/her her son into the victim’s inside, making the victim’s son up his/her son’s son’s son, leaving the victim’s son’s son, leaving the victim’s son, leaving the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s own.

Accordingly, the defendant put a part of body, such as fingers, into a sexual flag, using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the CD-related Acts and subordinate statutes to a CD containing screen pictures and CCTV images recorded on the face of a crime;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)1 and 2 of the Act on the Protection of Juveniles from Sexual Abuse, the main sentence of Article 50(1)1 and 2, the main sentence of Article 50(1)1 and 2 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Imprisonment with prison labor for a prison labor for not less than two years;

2. Two to three years from the date of imprisonment with prison labor for a recommendation on the sentencing criteria (the lowest limit and the upper limit of the basic area due to adult quasi-Rape shall be reduced to two-third each, but the lowest limit of the statutory penalty shall be set according to the statutory penalty);

3. The crime of this case committed for 2 years, which was sentenced to imprisonment with prison labor for the determination of sentence, is limited to the victim's chests and her mar who are located adjacent to the male-parent body in the mountain fire-fighting room used by many and unspecified persons, and even, the victim's mar and her mar, which included the victim's fingers in the negative part of the victim's mar, and thus, the crime is very poor because the contents and methods

The Defendant shall be punished by a fine twice by committing an indecent act on women in public facilities, such as mountain fire fighting, etc., such as around 2006 and around 2008.

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