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(영문) 의정부지방법원 2017.08.23 2016고합544
유사강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A similar rape: (a) around May 4, 2016, the Defendant: (b) made a trip to “E” gate located in G, including the Victim F (F, 18 years old), a middle school, and the Victim H, along with the Victim F, and the Victim H, for two days of gambling.

Around 01:30 the following day after drinking with the victim, etc., the defendant was trying to take the victim's back by putting the victim's fingers into the victim's inner part of the ward in the above gate, and forced the victim to enter by force, and putting the victim's back head into other hand so that the victim may not refuse it. The defendant tried to keep the victim's body at the gate with the victim's inner part of the victim's body at the gate's inner part of the ward at around 01:30, after drinking the alcohol with the victim's body, and tried to keep the victim's chest back with the victim's body, and refused it, and then the victim got the victim's panty back and her panty back into the victim's panty, thereby committing rape by inserting the victim's sexual part.

2. At around 07:30 on the same day as the date mentioned in the above paragraph (1) above, the Defendant forced the victim to take her fingers into the victim’s seat, forced the victim to be forced, and forced the victim not to refuse to take part in the victim’s back head by other hand, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and G respective legal statements;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. I dialogue;

1. Application of the law on video recording CDs

1. Relevant Article 297-2 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes (Punishment) of the Criminal Act shall be the penalty prescribed in the category of similar rape.

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