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(영문) 수원지방법원 안양지원 2018.06.15 2017고합191
준유사강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

"2017 Gohap 191"

1. A quasi-Rape Defendant became aware of the victim D (the age of 31) through a mobile phone C mobile phone display around August 2016. From around 22:00 on August 26, 2016 to around E located in Gwanak-gu in Seoul Special Metropolitan City, while the victim and C were drinking together with the victim and C members, the victim was able to take care of the victim’s house located in Yeongdeungpo-gu Seoul Special Metropolitan City.

피고인은 2016. 8. 27. 05:23 경 피해자의 집에서 피해자가 술에 취해 의식이 없는 상태로 누워 있자 피해자의 입술에 입을 맞추고, 피해자의 상의와 브래지어를 가슴 윗부분까지 올리고, 손으로 피해자의 가슴을 만지고 혀로 가슴과 몸을 핥고 피해자의 하의와 팬티를 무릎까지 내리고 손가락을 피해자의 음부 안으로 집어넣었다.

As a result, the Defendant used that the victim was in an incompetuous state, thereby committing similar rape.

2. After committing the crime described in paragraph 1, the Defendant was divingd at the above place on August 27, 2016, and the victim D still fell in a state without awareness of being drunk, and the victim D was able to commit an indecent act by taking the victim’s name and slabs into her chest with her chest and her breast with her fingers, with his/her fingers.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's inception impossibility.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On August 27, 2016, around 05:23, the Defendant, at the home of the victim D, as described in paragraph (1) located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, around August 27, 2016. On the opportunity to commit the crime as described in paragraph (1), recorded the victim’s sound part of the victim, who was using the Defendant’s 3 mobile phone camera function, with the opportunity to commit the crime as described in paragraph (1).

B. On August 27, 2016, the Defendant is located in Yeongdeungpo-gu Seoul Metropolitan Government F on August 27, 2016, when committing the crime around 11:51.

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