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(영문) 서울중앙지방법원 2018.08.17 2018고합380
준유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On October 20, 2017, the Defendant: (a) 19:00 Seoul Seocho-gu Seoul Seocho-gu 2nd floor F restaurant drinked the victim G (n, 25 years of age) and drinking, and parked the vehicle at the above restaurant and the victim to H parking lot located far away from 1.1km on the back of his/her vehicle; (b) she placed the victim under the influence of alcohol on his/her back on the back of the vehicle; (c) she laid down the victim’s breacle into the victim’s panty line; and (d) she laid the victim’s finger, she laid the victim’s fingers into the victim’s drinking part; and (d) she continued to commit an indecent act by having the victim wear the victim’s fingers into the victim’s clothes again; and (d) she continued to have the victim’s fingers her fingers by taking the victim’s fingers into the victim’s fingers.

As a result, the Defendant used the victim's non-comforcing condition, which had been under influence of alcohol, to rape the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Recording records;

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to an investigation report (specific place of occurrence), an investigation report (in-house visit, etc. to a restaurant), an investigation report (in-house visit to a restaurant), an investigation report (in-house examination of the results of appraisal), an investigation report (in-depth examination of the contents of an I message which

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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