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(영문) 수원지방법원 2019.02.18 2018고합565
준유사강간
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

At around 07:20 on August 10, 2018, the Defendant: (a) laid the victim D(25 years of age) in the Cresh that he was working in Suwon-si B, Suwon-si, Suwon-si, and (b) laid down the victim D(25 years of age) in the Cresh that he had been working in the said Cresh, and (c) caused the bresh to the victim’s creh and shot, etc. during the process of providing the victim’s cresh service; and (d) inserted the victim’s sexual flag in the victim’s creh

Accordingly, the defendant put the victim's sexual intercourse into the victim's resistance by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes concerning field photographs and photographs of suspects E;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime to be registered and submitted with personal information under the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a competent agency pursuant to

Defendant

Judgment on the Defense Counsel's argument

1. The main point of the argument was that the defendant's sexual flag was inserted into the port text in his own way while the victim got mast from the defendant.

2. According to the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the fact that the Defendant used the victim to commit similar rape can be acknowledged.

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