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(영문) 의정부지방법원 2019.02.15 2018고합344
준유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The phrase of the facts charged was revised to the extent that it does not actually infringe on the defendant's defense right.

The defendant and the victim B (the age of 32) are members of a youth start-up group.

At around 02:30 on May 12, 2018, the Defendant completed a meeting of young business start-ups and went under the influence of alcohol by driving a DMW car, which is owned by the Defendant. However, the Defendant: (a) the young start-ups did not come under diving; (b) the injured was moving to the back seat of the injured; (c) the injured was able to turn back the chest of the injured; (d) the injured was able to turn off the part of the injured; (c) the injured was off the part of the son and the panty thereof; and (d) the injured was kick and the panty thereof; and (d) the injured was put in the victim’s sexual intercourse.

Although there is no number of times in the 10th indictments, the number of statements made by the accused and the victim in the investigation agency was specified.

Dudly, repeated.

Accordingly, the defendant committed an act of inserting the injured party's fingers by taking advantage of the injured party's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the complainant and the defendant's E-mail, recording files of the content of conversations with the defendant, and recording files of content of the defendant's address and the defendant'

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant shall be punished in full view of the motive and circumstances of the crime in the instant case, the defendant’s age, character and conduct, family relationship, and previous convictions (

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