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(영문) 광주지방법원 목포지원 2016.06.30 2016고합31
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around 02:00 on March 19, 2016, the Defendant drinking alcohol and drinking alcohol in the second room of “D” located in “D” as of 02:00 on March 19, 2016, and drinking alcohol together with the Victim E (P, 41 years of age) who entered the said room through the calking.

During that process, the defendant tried with the victim to talk about the chest, and the victim's refusal to commit similar rape, was placed on the victim's upper body by breaking the victim's body, and breaking it into the victim's body, and forced the victim to do so, the victim kis, kising the chest by hand, cutting the victim's panty, putting the victim's finger into panty, putting the hand into the victim's panty, and putting the victim's hand into the victim's panty, and then the victim resisted the defendant by hand, "I am ye, I am, I am the defendant," and put the victim's panty into the victim's panty with the victim's panty, and sealed him with his stop."

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A copy of response to personal information on one card using the offender, and of financial information on the suspect sent by the foreign exchange bank;

1. Application of Acts and subordinate statutes to reports on the results of field identification, two copies of receipt of oil collecting credit cards, and the pictures of the case;

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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism (which shall not have been punished for a crime of the same kind other than that subject to one time punishment for a sexual crime committed before 20 years)], and other disclosure order

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