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(영문) 울산지방법원 2020.06.05 2019고합288
준유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 22, 2019, at around 03:00, the Defendant: (a) while driving a liquid vehicle C in the south-gu B and in front of Ulsan-gu, Ulsan-gu, and on the street; (b) discovered the victim D (a) who turns beyond the front side of the said vehicle and stopped the said vehicle; and (c) went out to enter the victim into a street parking lot in the vicinity of the vehicle, after getting off the vehicle.

The defendant saw the victim's horses, frightened, and frightened on the victim's side of the victim who frightened the victim's horse, frightened, and frightened about 30 minutes of frighten and frightened, so that the victim frighted on the above vehicle's seat, the defendant also frightened the victim's chest by entering the above vehicle, and inserted the frighten in the victim's drinking part.

Accordingly, the Defendant committed a similar rape by taking advantage of the victim's state of her ability to resist.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statements made by witnesses D and F in the third trial records;

1. Some statements made by the police and prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Each investigation report (the matters confirmed through CCTV around the place where this case occurred, the result of the request for appraisal with the country and the result of the request for appraisal, the state of victims);

1. Application of the Act and subordinate statutes to CDs for video storage, which photographs the victim’s appearance;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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) and Article 49(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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be a sexual crime before the instant case.

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