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(영문) 서울서부지방법원 2020.01.30 2019고합307
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 07:00 on June 27, 2019, the Defendant, at C’s house located in Eunpyeong-gu Seoul Metropolitan Government, carried out drinking, together with C and C and D (the name of the victim, the age of 19) on the part of the victim who was able to sleep after drinking alcohol, and talked with the chest of the victim, carried the hand into the part of the victim’s inner part, putting the hand into the part of the victim’s inner part, putting the hand into the part of the victim’s inner part, putting the hand in five times into the part of the victim’s own part, and putting the victim’s chest into the part of the victim’s own part and the broke in the above part.

As such, the Defendant forced the victim to commit an indecent act and included the victim’s fingers in the victim’s sexual organ and rape.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Each police statement made to D or C;

1. Application of the Kakao Stockholm statutes to the victim sent by the suspect;

1. Relevant Article 297-2 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of punishment (including the occupation of similar rape) and Article 298 of the Criminal Act;

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

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Scope of punishment by law: One to twenty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A crime of similar rape (decision on a type of sex offense);

(a) The scope of the crime of rape (the subject of at least 13 years of age) (the subject of the crime of rape) (the first category) is included in the first category of the rape, and there is no person who has reduced the upper and lower limit of the scope of the punishment to 2/3 (the subject of recommendation and the scope of the recommendation), the basic area of the punishment [the scope of the recommendation and the scope of the recommendation];

(b) The general standards for the crime of indecent act by compulsion (determination of type).

B. The crime of indecent act by compulsion is 13 years of age.

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