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(영문) 대전지방법원 2016.01.21 2015고합329
유사강간등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 2, 2015, the Defendant, at around 02:00, committed an indecent act by force, committed an indecent act by force, such as: (a) the Defendant, along with the Defendant, that the victim E (V, 21 years old) who had held a university rally would have been able to sleep; (b) the Defendant, together with the Defendant, would have been able to sleep up; and (c) the victim’s chest was frightened in the victim’s chest retail part of the victim’s chest, she was frighted and frighted in the middle of the victim’s chest, and then, (d) the Defendant committed an indecent act by force by force, such as taking the victim’s chest back to the victim’s chest, she was frightd up to the clothes and brods, and she was frightd.

2. Around 05:30 on the same day, the Defendant continued to engage in similar rape, and the Defendant deemed that the Victim F (F (F, 21 years of age) who used a university rally together with the Defendant was trying to sleep, and, at the same time, the Defendant took charge of the chest part by inserting the finger up up to clothes and brogate inside the victim’s side, and detained the victim who refuses to catch and cut the Defendant’s hand, and repeated the Defendant’s act of inserting his hand over several times by inserting it into the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for F and E;

1. Application of the Acts and subordinate statutes of each written confirmation of G and H;

1. Relevant Article 298 of the Criminal Act and Article 297-2 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment) concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for the crimes of similar rape prescribed by the heavier punishment for the crimes of rape);

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 an order to disclose or a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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