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(영문) 수원지방법원 평택지원 2019.07.05 2019고합45
강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Around 03:30 on May 25, 2018, the Defendant raped the victim D (n, 20 years of age) who is enjoying from tet Lease at his/her own residence located in Pyeongtaek-si B building C, with multiple knbs of the victim, suppressions another victim’s resistance on his/her body, and inserted the victim’s sexual organ into the part of the victim’s sound.

2. Around 07:00 on May 25, 2018, the Defendant raped the victim by inserting his or her sexual organ into the victim’s sound condition by taking advantage of the victim’s mental condition where he or she was unable to breathly in the foregoing place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The head of an accusation (a written statement, E dialogue, written opinion, prescription, and written confirmation of counseling on sexual assault victims);

1. Recording recording report (victims, video CDs 1), investigation report (to listen to the victim's telephone statement, recording and reporting on the recording, one CD);

1. A copy of medical records and a certificate (victim);

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear and report the F phone statement of a witness, and to one CD);

1. Relevant Articles 297 (Rape and Selection of Imprisonment) and 299 and 297 ( point of quasi-rape and Selection of Imprisonment) of the Criminal Act concerning facts constituting an offense;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed for the crime of rape with heavier penalty);

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

1. Where a conviction becomes final and conclusive on each crime described in the judgment on the registration of personal information of a person with disabilities (Act No. 15904, Dec. 11, 2018) under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11,

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