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(영문) 서울중앙지방법원 2016.05.27 2016고합193
준유사강간
Text

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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant is a doctor who has worked as the head of the internal border center in Gangnam-gu Seoul Metropolitan Government H Council member.

1. A quasi-Rape with the victim I: (a) around 09:53 on October 5, 2013, the Defendant: (b) taken a medical examination of the victim I (the 42-year-old age), who was administered a water surface guidance to undergo an internal inspection by the light inspector at the light inspector’s office at around 09:53 on October 5, 2013; (c) taken a part in the victim’s negative part; and (d) took part in the victim’s fingers.

Accordingly, the defendant used the victim's resistance impossible condition to bring his fingers into the victim's sexual organ.

2. A quasi-Rape with the victim J around November 15, 201 and around November 15, 201, at the same place as the above 1.1. paragraph, the Defendant: (a) taken a medical examination of the victim J (here, 39 years of age)’s resistance while administering a water surface guidance to undergo a crypt examination at a cryptment in the register; and (b) taken the fingers into the victim’s sound part.

Accordingly, the defendant used the victim's resistance impossible condition to bring his fingers into the victim's sexual organ.

3. A quasi-Rape with the victim K, on November 13, 2013, around 16:07, at the same place as the above 1. paragraph (1) of the same Article, the Defendant: (a) taken a medical examination of the victim K (V)’s resistance in the surface of the water after being administered with a water surface guidance to undergo a test at the inside of the register; and (b) taken the finger into the victim’s sound part.

Accordingly, the defendant used the victim's resistance impossible condition to bring his fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Current status of the settlement of workers' grievances (the number 5, 13 of the evidence list);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the result of medical analysis);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The punishment of sexual crimes against disclosure or notification orders; and

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