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(영문) 대구지방법원 김천지원 2016.11.08 2016고합96
유사강간등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. On June 21, 2016, the Defendant discovered that the victim F (the name, the age of 25) under the influence of alcohol at the entrance of the studio E in the Gu, Gu, Si, Si, Si, si-si (hereinafter referred to as “the victim”), she was able to sit on a mobile phone and reported the mobile phone, and that the victim’s she was sexually fluencated by the victim’s own hand, and the victim’s her chest was forced by force.

2. Around 04:04 on July 17, 2016, the Defendant discovered that the victim I (a son, son, and 27 years of age) under the influence of alcohol in the vicinity of H located in Gumi-si, Gumi-si, Sinsi, was able to sit, and that the victim, etc. was able to prevent him from being involved in the victim's own hand, put other son into the victim's clothes on the victim's own hand, her breast, her the victim was able to walk up, display the victim's name, display his arms, put his body on the victim's body, put his hand on the road surface, put his finger into one time in the part of the drinking part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, J, and I;

1. Each internal investigation report (the investigation of CCTV in the case of indecent act by force on June 21, 2016, investigation into the moving routes prior to the crime of the suspect, collection of the suspect's charged amount, request for appraisal of other amount, analysis of similar rape on July 17, 2016, request for collection of the suspect's cigarette butts and gene analysis, request for the removal of the suspect's cigarette butts and the place of occurrence of the case of indecent act by force, the location of occurrence of each CCTV, and the field guidance of each CCTV

1. The application of Acts and subordinate statutes to each investigation report (a suspect's specific identification, table of request for genetic appraisal, re-verification of the statements on similar rapes with the victim I, and statements on similar rapes committed around July 17, 2016), table of request for appraisal, statement on writing, and written statement;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, and Article 297-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the sum of the maximum term of the crimes above, and the maximum term of the crimes above] and Article 38(1)2 of the Criminal Act.

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