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(영문) 서울서부지방법원 2015.10.21 2014고합328
유사강간
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 12, 2014, at around 03:58, the Defendant 203:58, approaching the D hotel’s D hotel screening hall located in Yongsan-gu Seoul Metropolitan Government by following the victim F (n, 23 years old), etc. at which D hotel screening house was viewed the direction of gambling, and led the victim to the victim’s resistance by inducing the victim by his own hand, and continued to commit similar rape by inserting his fingers into the victim’s panty, and inserting them into the victim’s panty part within the victim’s quality, and inserting them into the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on video recording CDs in business establishments;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant is deemed to have no effectiveness of imposing order to complete programs in light of the fact that the foreigner of his/her nationality does not facilitate communication by the Korean language and that there is a high possibility that forced departure from the Republic of Korea after the execution of the sentence is completed pursuant to the Immigration Control Act. Therefore, the defendant cannot be ordered

1. In full view of all the circumstances such as disclosure order and notification order exemption from disclosure order and notification order, Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no domestic criminal record against the defendant, the character and conduct of the defendant is likely to be corrected through the convict process, the defendant is highly likely to be forced to leave abroad after the execution of the sentence is completed in accordance with the Immigration Control Act, and the profits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, the personal information of the defendant is registered.

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