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(영문) 수원지방법원 2017.01.26 2016고합541
준유사강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 18, 2016, from 21:00 to 02:30 on June 19, 2016 to 21:02:0 on June 19, 2016, the Defendant d'E in Hasung City D', and 'F restaurant' together with the victims G (n, 18 years of age) and her children, and later she d's her children under the influence of alcohol her influence into the taxi, and her her her her mother in H by burning the victim under the influence of alcohol.

On June 19, 2016, at around 02:50, the Defendant placed the victim who has not been able to do so under the influence of alcohol at a bed, and put the victim into a bed, fright, putting the victim's panty, putting the victim's fingers into the panty, putting the victim's fingers, put the victim's fingers into the victim's panty, put the victim's fingers into the victim's fingers, put the victim's fingers into the victim's fingers, put the victim's fingers into the victim's fingers, and put the victim's fingers into the victim's fingers.

Accordingly, the Defendant, who was drunk, committed similar rape by using a state of resistance impossibility of the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the prosecution and the police concerning G;

1. Each investigation report (Attachment to the contents of text messages submitted by the victim, the screen by cutting off CCTVs, and the J dialogue submitted by the victim, etc.);

1. Application of CCTV video CD-related Acts and subordinate statutes, including the place of occurrence;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse, 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’s age, occupation, family environment and social relationship with the Defendant without the same criminal history, the details, circumstances, and result of the instant crime, the prevention of sexual crimes that may be achieved by an order of disclosure disclosure, the effect of protecting the victims of sexual crimes subject to registration that may be achieved by an order of disclosure disclosure, and the degree of disadvantage and anticipated side effects resulting from an order of disclosure disclosure, the Defendant’s personal information shall not be disclosed.

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