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(영문) 인천지방법원 부천지원 2014.03.28 2013고합264
유사강간치상
Text

A 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 and the victim C (the age of 19) are between the defendant and the victim and the victim that they came to know while keeping part-time work together.

On September 23, 2013, the Defendant, along with the victim who was frightened as a male-gu problem on September 23:00, 2013, frightened to drink alcohol and fright together with the victim who frightened tobacco in the house, frightened the victim's breath away from the defendant's arms, frightened the hand into the victim's clothes, frightened the victim's body, frightened the victim's body, frighten, frighten, frighten, and frightened the victim's body, frighten, frighten, frighten, and frighten the victim's body, frighten the victim's body, frighten, frighten the victim's body, and frighten the victim's sexual organ.

As a result, the Defendant committed similar rapes with the victim, thereby resulting in injury to the victim, such as the following lights and the open wound for about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement by the prosecution against C;

1. A written diagnosis of injury;

1. Each photograph (on-site photographs, images of the injured part of the victim, and CCTV photographs);

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs, the attachment of photographs, the attachment of a certificate of injury, the attachment of the Kakao Stockholm dialogue, and the attachment of the contents in the Kakao Stockholm North Korea after photographing the body of the victim);

1. Relevant Articles of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the Act

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