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(영문) 대전지방법원 2019.07.02 2018고합428
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 13:30 on June 10, 2018, the Defendant: (a) sent the Victim D(s) known in the Seo-gu, Seo-gu, Daejeon at approximately 4:5 days before the 13:5th anniversary of the Defendant’s home to the Defendant “I would like to cause breath, so I would like to drink breath. I would like to go to our house,” and (b) carried the Victim at the Defendant’s house located in Seo-gu, Daejeon, Seo-gu, and the Defendant’s house located in F, and went back the Victim’s chest to the Defendant who was difficult to go out due to night duty at around 15:00 on the same day; (c) the Victim’s chest was cut to the Defendant’s chest, and the Victim was pushed, and the Victim was pushed, and the Defendant’s breast was frightened, and then the Defendant’s finger was frightd to the Defendant’s finger, and the Defendant’s finger was frighted to the Defendant’s finger.

As a result, the defendant committed violence to put a part of body such as fingers, etc. into the victim's sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Statement made to D by the police;

1. A complaint;

1. Application of the H photographic Acts and subordinate statutes

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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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