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(영문) 춘천지방법원 강릉지원 2016.06.30 2015고합100
유사강간치상
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

On September 1, 2015, the Defendant found the victim D (Woo, age 69) who was found in the house of the Defendant at the seat of the Defendant located in Gangnam-si, Gangnam-si, Yung-si, and placed the victim on the miscellaneous floor by putting the back of the victim on the miscellaneous floor, and "hick-gu is good."

I think.

In one time, "the defendant's fingers off the victim's panty and panty while putting the defendant's fingers into the victim's sexual flag, thereby causing injury to the treatment days such as getting the victim's fingers out from the victim's sexual organ.

Summary of Evidence

1. In light of the various circumstances indicated in the record of the instant case, including the fact that the victim D of each police statement protocol against D died on April 4, 2016, it is recognized that it is impossible to make a false statement at the trial date and make a true statement (see the result of a resident inquiry). The victim reported the instant crime on September 1, 2015, the date of the instant case; the victim made the victim’s statement at the investigative agency around September 10:03, 2015, the date following the instant case occurred; the victim’s statement was made on September 2, 2015; the victim’s statement was consistent with the relevant evidence, as seen below, not only is there little room for intervention in the preparation of each of the written statements above, but also is recognized as a specific and external circumstance that guarantees the credibility or discretion of the contents of each of the statements, and each of the victim police statements against D is admissible pursuant to Article 314 of the Criminal Procedure Act.

1. A report on the occurrence of rape, a criminal investigation report (Attachment, etc. to field photographs), and a criminal investigation report (to hear statements from victims);

1. Photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant Article of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the selection of criminal facts;

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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