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(영문) 광주지방법원 순천지원 2020.02.13 2019고합128
유사강간등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Any person who violates the Medical Service Act shall not be allowed to massage for profit without obtaining an accreditation from the Mayor/Do Governor, and the accused is a consultant working in B who has no fact of obtaining an accreditation as a massage technician;

Nevertheless, the Defendant, without obtaining the recognition of Marine’s recognition from February 2, 2019 to April 2, 2019, received 1 kg, 1 kg, eggs, etc. at the market price in the D Park container located in Macheon-si and received 200,000 won in return for doing so.

Accordingly, the defendant did not obtain the recognition of the Marine's qualification, and was Marine for profit.

2. From April 14, 2019 to 04:30 on April 14, 2019, the Defendant: (a) was raped with the victim F (hereinafter “FF”) in a container listed in paragraph (1) under the pretext of having the victim treat his body; (b) placed his finger in the victim’s clothes without the victim’s permission; (c) put his finger in the victim’s clothes; and (d) putting his finger in the same with his finger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The application of Acts and subordinate statutes of a criminal investigation report (to hear statements in case of the marina place);

1. Relevant Article of the Criminal Act and Article 297-2 of the Criminal Act that applies to the crime, the choice of punishment (a point of similar rape), subparagraph 3 of Article 88 and Article 82 (1) of the Medical Service Act (a single choice of imprisonment, inclusive, with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments for the crimes of similar rape which are heavier than the punishment);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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