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(영문) 서울동부지방법원 2018.04.12 2017고합230
유사강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2017 Gohap 230] around 22:00 on August 2, 2016, the Defendant demanded the victim E (V, 25 years old) who was seated in the steering line within the Defendant’s passenger car parked around the point in Seoul Jung-gu, Seoul, to refuse it, but the victim refused it, she gets the victim’s arms by one hand and divided the victim’s body into the Defendant’s body, and prevented the victim from getting out, then she put the victim’s hand into the part of the victim’s body, she talked with the victim’s own finger, and raped the victim by inserting his hand into the part of the victim’s sound.

[2017 Gohap 261] around 11:40 on July 8, 2017, the Defendant, at around G oil station located in Gangnam-gu Seoul, demanded the victim H to set up a car operating in front of the G oil station in front of the signaled passenger vehicle on the side of the victim H, and demanded the victim to open a window in order to re-make the vehicle with the victim at the nearby department store on the same day, and damaged the victim to make it difficult to know the repair cost by opening the above A half of the back of the vehicle from the right side of the damage.

Summary of Evidence

[2017 Gohap 230]

1. Statement of witness E in the third public trial protocol;

1. Statement made by the prosecution against E;

1. Recording notes attached to a criminal investigation report (related to the submission of a record of the victim's recording);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes to photographs by cutting down the CCTV attached to the investigation report (in relation to CCTV control center);

1. Relevant Article 297-2 of the Criminal Act and Article 366 of the Criminal Act concerning the crime (the point of destroying property and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishment for each of the crimes specified in the heavier similar rape penalty is added);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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