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(영문) 서울서부지방법원 2019.08.22 2018고합366
준유사강간치상
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 Defendant, around 07:00 on July 7, 2018, put his hand into the panty line of the victim D (V, 37 years old, Ga name) who was locked while drinking alcoholic beverages together at 8 pages of “C” located in Eunpyeong-gu Seoul Metropolitan Government, and bread them inside the victim’s sexual flag.

On the other hand, even though the victim refused to shoulder in the lock, the victim was flicked to the right chest of the victim, and the victim was flicked to flick his hand, and flicked.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each police protocol of statement about D, E, and G;

1. A complaint;

1. Investigation report (H and telephone conversations), investigation report (Attachment to photographs of place of crime);

1. The application of the Acts and subordinate statutes in which victims and defendants exchange letters, letters given and received by victim and witness F, and letters given and received by victim and witness E;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); 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); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities; and summary of the defendant’s assertion that the defendant’s grandchildren are likely to contact the victim’s chest, among the locked persons adjacent to the victim.

However, the Defendant did not engage in a series of sexual acts like the facts charged, such as intentionally not knowing the chest of the victim, and putting the Defendant’s fingers into the victim’s sexual organ.

Judgment

July 7, 2018, 07:00.

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