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(영문) 서울북부지방법원 2017.04.14 2016고합110
유사강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 22, 2015, at around 05:30 on August 22, 2015, the Defendant, at the main point of “E” in the operation of the Defendant located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, he was a victim F (n, 22 years of age) who was found to be a customer and one person who was in company with the victim, and was in company with the victim, who was under the influence of alcohol, was also in company with the victim, and was also in company with the victim’s driver, and later, the victim’s body was in company with the victim’s body so that the victim’s body can not resist the victim by separating the victim’s body and shoulder above, and then she was forced to leave the victim’s will and panty, and put the Defendant’s finger into the victim’s finger.

Accordingly, the defendant, through violence, included the defendant's fingers in the victim's sexual organ and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the third public trial records;

1. Statement made by the police with respect to F;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a photograph, text message, or medical certificate;

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 to Order;

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article

[Judgment as to the defendant and defense counsel's assertion

1. The summary of the argument is that there was a physical contact under the agreement while drinking alcohol with the victim, and that the victimized person cannot resist as shown in the facts charged.

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