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(영문) 춘천지방법원 영월지원 2018.12.27 2018고합12
강간치상
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 14, 2017, around 21:40, the Defendant: (a) performed drinking together with E in Sokin’s house “D” operated by the victim C (names, fins, 35 years of age) located in Thai City B; and (b) divided the victim’s conversation into the table of the Defendant’s driving line.

Russa

Around 00:03 on October 15, 2017, the Defendant: (a) taken care of the victim, etc., who calculated the Defendant’s drinking value before the 00:03 square meters; (b) taken care of her chest by hand; (c) the victim was shot up on the second floor to avoid the Defendant and her body; (d) taken the victim’s body and pushed down the victim’s body in a manner that the body of the body of the victim is contacted with the table; and (e) took the ma of the victim about whom she attempted to take care of the body of the victim; and (e) taken the part of the victim’s chest above the victim’s clothes, with the victim’s clothes.

Accordingly, the defendant committed an indecent act against the victim.

In the facts charged regarding the injury resulting from rape, there are facts of indecent conduct, and in light of the process of the trial of this case, there is no concern to seriously disadvantage the defendant's exercise of his right to defense, and thus, the defendant was guilty of forced indecent conduct without changing the indictment.

Summary of Evidence

1. Partial statement of the defendant;

1. A part corresponding to the facts stated in the judgment among the witness C (alias) and F's respective legal statements;

1. Twelve copies of on-site photographs;

1. Recording book (the suspect or complainant's telephone);

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements by a counter party of a witness, and to organize data on telephone conversations);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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. An order to disclose, notify, and notify an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “the Addenda”).

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