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(영문) 서울남부지방법원 2017.06.08 2017고합172
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant, at the front of E elementary school located in Ansan-si, a member-gu, Ansan-si, was waiting for the Defendant to take a proxy driver to drink the Victim F (F, 27 years of age) and alcohol, and until he/she is a driver, he/she was waiting for the Defendant in G Lastna vehicle, a vehicle of the Defendant, with the victim, until he/she is a driver.

The defendant was waiting at the vehicle as above, when the driver was seated and divingd, and the victim was locked, and the victim was able to locked because he was frighted, he found that he was under the influence of alcohol, and the victim was able to walk his body towards her left hand, followed the victim's right chest again with the victim's left hand again, followed the victim's upper part of the clothes. Nevertheless, the victim was frighted into the part of the victim's clothes and the part of the knick and knicked into the part of the victim's knick.

The Defendant continued to cut off the her upper part and the clothes of the injured party, and cut off the victim's chest with his left hand, cut off the victim's clothes and clothes, cut off the victim's clothes, and route the left fingers into the sound part of the injured party, and write down the sound parts of the injured party.

Accordingly, the defendant committed an act of inserting part of body such as fingers, etc. against the victim by taking advantage of the victim's mental or physical loss or the state of impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.

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