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(영문) 수원지방법원 2017.05.25 2016고합690
유사강간
Text

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

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

Reasons

Punishment of the crime

The defendant is the chief of the office of the business place located in Yeongdeungpo-gu, Young-gu D.

The Defendant, from July 2, 2016 to July 2, 2016, from around 19:30 to 21:30, 2016, was off from the studio of the instant business establishment, and from the 19:30 to the 33th anniversary of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the victim, the Defendant

The term “the victim,” and the victim was raped by inserting her fingers in the sound part of the victim himself/herself in a single panty in which he/she was suffering.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing business photographs;

1. Relevant legal provisions concerning criminal facts: Article 297-2 of the Criminal Act;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Exemption from an order to disclose or notify information: In full view of the criminal records, age, occupation, type and motive of the crime in this case, process of the crime, seriousness of the crime, degree of disadvantage and anticipated side effects of the defendant's entry due to the order to disclose or notify, prevention of sexual crimes subject to registration, effectiveness of the prevention of sexual crimes subject to registration, protection of victims, etc., there are special circumstances under which the defendant's personal information shall not be disclosed or notified;

3) Judgment on the argument of the defendant and his defense counsel

1. The gist of the allegation is that the defendant does not contain a finger in the part of the victim's sound while drinking the victim.

Even in accordance with the indictment of this case, there is no act of assault and intimidation against the victim. Thus, similar rape under the Criminal Act cannot be established.

2. Determination

A. This part of whether the defendant inserted the fingers into the victim's negative part or not.

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