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(영문) 서울서부지방법원 2018.11.01 2018고합164
유사강간
Text

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

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

Reasons

Punishment of the crime

On August 14, 2017, the defendant contacted the victim B (the 36-year old) who is a holiday in the workplace, and provided meals with the victim, and went to the house of the victim in Seoul Jung-gu C.

On August 15, 2017, when the defendant was frightened by the victim's cream at the victim's home on August 15, 2017, when the victim was frightened by using the victim's cream, the victim was frightened by the victim's cream, and the victim was frighted by the victim's frightened and resisted by the defendant, and the victim was frightened by the victim's body while the victim was pushed by the victim's hand, and frightd by the victim's hair and shoulder, the victim was frightened by taking the head's hand by frightening the victim's head and shoulder, and was put in the victim's fright and panty, and the victim was frightd by the victim's sexual intercourse.

On the other hand, the defendant continued to put the chest of the defendant into the scarcity of the victim and put the defendant into the scarcity of the victim, but the defendant's act was discontinued.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of conversation between a victim and a suspect);

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

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 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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no same criminal record for the defendant, the crime in this case is not committed against an unspecified victim, the crime in this case is not committed against an unspecified victim, and the crime in this case is expected to have the effect of preventing recidivism through a sentence imposed on the defendant, registration of personal information, and order to complete a sexual assault treatment program,

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