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(영문) 서울중앙지방법원 2018.11.30 2018고합620
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 27, 2017, at around 12:40, the Defendant: (a) put the Defendant’s hand into the victim D (the 23 years old), an employee of the said establishment, and the 24 years old, while drinking alcohol at the 24 dwelling space of the said establishment in Gangnam-gu Seoul Building, Seoul; (b) put the Defendant’s hand into the victim’s panty line; and (c) put the victim’s her hand into the victim’s panty line; and (d) put the victim’s her panty line into the victim’s panty line on the hand; and (d) forced the victim’s panty, and forced the victim’s head to put the victim’s panty into the victim’s body by force, and the victim refused it, and continuously put the victim into the victim’s sexual organ into the victim’s panty line, thereby subtracting the victim’s sexual organ from the victim’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A gene appraisal report, etc.;

1. A report of voluntary accompanying, and a list of reported cases;

1. Details of conversation with the victim;

1. Application of Acts and subordinate statutes to photographs, the victim's pantyty shall tear, regardless of the hole in the victim's bridge;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 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);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before the instant case, and the Defendant has no record of criminal punishment for sexual crimes, and is sentenced to imprisonment with labor, registration of personal information, orders to complete sexual assault treatment programs, orders to complete child and juvenile-related institutions

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