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(영문) 서울중앙지방법원 2017.05.11 2017고합176
준유사강간등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an elementary school just like the victim C(n, 20 years of age).

around 23:00 on December 10, 2016, the Defendant, along with the Defendant’s friendship D, drinked alcohol in the trade in the offline of subway No. 2 located in the Seoyang-dong Seoul Gwangjin-gu Seoul Special Metropolitan City, and then, the Defendant and D, along with the victim and D, got the victim from the floor of Dongdaemun-gu Seoul Dongdaemun-gu.

At around 07:00 on December 11, 2016, the Defendant: (a) took advantage of the fact that the Defendant was frightened from the victim’s house above 07:00 on the victim’s side and she cannot resist because she was divingd; (b) put the victim’s chest into the victim’s clothes; (c) taken the victim’s chest into the victim’s chest; and (d) putting the victim’s finger into the part of the victim’s seat; and (d) laid in the part of the victim’s finger.

As a result, the Defendant used the victim's anti-competence condition to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of amnesty against C;

1. Each report on internal investigation (the sequence 4,6 of the evidence list);

1. Application of the Acts and subordinate statutes to cut down the F Messengic photo;

1. The relevant criminal facts: (a) Articles 299 and 297-2 of the Criminal Act of the Act on the Punishment, etc. of Specific Crimes / [In light of the fact that: (b) the Defendant committed a similar rape committed through an indecent act, such as taking the victim’s chest into custody, and taking the victim’s chest into custody; and (c) the Defendant committed a separate crime by deeming him/her as a principal concurrent offense; and (d) the act of infringement committed through an indecent act, such as forcing him/her to commit an indecent act based on a single criminal intent, but at a time and place with regard to the same legal interest; and (e) the Defendant took into account that the act constitutes a single single crime, taking into account that the Defendant committed a similar rape committed through an indecent act, such as taking the victim’s chest in a

In this case, such an act shall be deemed only to constitute a single quasi-similar rape.

1. The Criminal Act for mitigation of quantity;

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