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(영문) 서울중앙지방법원 2019.08.14 2019고합316
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is the customer of the "C" located in Gwanak-gu in Seoul Special Metropolitan City, and the victim D (the name, the age of 19) is the employee of the above store.

The Defendant, at around 17:20 on August 25, 2018, 17:20, 17:20, 5 of the above C, caused the Defendant to cut off panty, and caused the Defendant to be off panty with the victim. However, the Defendant, “I am off because I am off, I am am off, I am am am off,” and had the victim trusted it take a panty attitude.

The Defendant exceeded the victim’s panty and laid off his clothes, and forced the victim’s body, and forced the victim’s body to put the victim’s sexual organ into the part of the victim’s sexual organ, but did not go into the victim’s body, and the victim did not put the victim into the part of the victim’s sexual organ. The Defendant spited the victim’s body by “Apad, I do not refuse to do so,” and then spits the victim’s sexual organ into the part of the victim’s am.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Each police statement made to D (alias), E, and F;

1. A table of voluntary reports on driving, photographs at the scene of occurrence, and records of handling cases reported;

1. Copies of the medical records for victims of sexual assault and copies of each request for appraisal;

1. Application of Acts and subordinate statutes to a request for appraisal, a report on investigation (electronic appraisal document-2018-H-16852);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;

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