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(영문) 서울서부지방법원 2018.11.08 2018고합211
준강간등
Text

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

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

Reasons

Punishment of the crime

On February 18, 2018, in the vicinity of Mapo-gu Seoul Metropolitan Government B basin, the Defendant drinked alcoholic beverages with the victim C (many and household name), who is a workplace volunteer in the vicinity of the Seoul Mapo-gu Seoul Mapo-gu Station, and had the victim talked in a singing room by drinking alcohol, and did not walk over the wasteer with a secret and proper view, and had the victim intending to engage in sexual intercourse and indecent conduct by using the victim's drinking condition.

1. Around 04:00 on the same day, the Defendant took the victim into the care room in Mapo-gu Seoul Metropolitan Government DoMobel, breably taken under the influence of alcohol and boomed the victim’s clothes with the victim’s clothes, her chestd with the victim’s panty, exceeded the victim’s panty, and inserted the suspect’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. The quasi-indecent act Defendant forcedly committed an indecent act at around 08:50 on the same day, kidds the victim, kids the hand into the victim's upper part, kids the chest, and kids the victim's chest by raising the victim's name and entering the victim's upper part.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 299, 297, and 299 and 298 of the Criminal Act (the point of quasi-rapes) of the Criminal Act (the point of quasi-rapes and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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