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(영문) 서울북부지방법원 2019.09.06 2019고합180
준유사강간등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the head of the “C” regional welfare center in Gangnam-gu Seoul Metropolitan Government, and the victim D(21) was a social service worker in service in the above C.

1. A quasi-Rape: around 01:30 on June 12, 2018, the Defendant exceeded, at the guest room in Gangnam-gu, Seoul, the part of the victim under the influence of alcohol, and included the Defendant’s sexual organ in the victim’s resistance.

Accordingly, the defendant committed an act of inserting the sexual organ into the victim's resistance by taking advantage of the victim's mental condition.

2. Indecent acts by compulsion;

A. A. On August 22, 2018, the Defendant, around 17:00 on August 22, 2018, left off the victim’s her seat with his/her descendants from the victim’s own rear, at the above C parking lot around 17:00.

Accordingly, the defendant committed indecent acts by force against the victim.

B. On November 26, 2018, around November 26, 2018, the Defendant: (a) at the guest room in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) at around November 20, 2018, she flocked with the victim about a quasi-rape case under paragraph (1) above; (c) her son was flicked with the victim’s son’s son; and (d) her son was flicked with the victim’s son’s son.

Accordingly, the defendant committed indecent acts by force against the victim.

3. The Defendant had the intent to file a false complaint against the said D, when the said D filed a complaint against himself/herself with respect to quasi-Rape under the foregoing paragraph (1).

Around January 20, 2019, the Defendant filed a false complaint with the attorney at the “H Office” located in Seocho-gu Seoul Metropolitan Government G and 6th floor, and “A, the Defendant complained of a quasi-Rape by inserting his sexual organ into the port of A, a complainant under the influence of alcohol around June 12, 2018. The facts reported that the complainant was subject to quasi-Rape on or around November 2018, although the complainant was not subject to sexual assault, and thus, reported that the complainant was subject to punishment.” On or around January 21, 2019, the Defendant prepared a false complaint with the content that “A, the Defendant,” which was inserted his name into the civil petition office of the Seoul Northern District Prosecutors’ Office located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, with 747(Dodongdongdong).

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