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(영문) 수원지방법원 2020.01.16 2019고합584
준유사강간등
Text

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

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

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on May 11, 2019, the Defendant committed an indecent act by compulsion by force by drinking alcohol with the victim C (n, 26 years of age) and other friendships of high school and dong C (n, the victim 26 years of age) and other friendships at a 2nd floor room of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2019. The Defendant committed an indecent act by inserting the Defendant’s hand by inserting the Defendant’s hand into the victim’s inner part and the part below the chest, and by drinking once the victim’s

Accordingly, the Defendant committed indecent act against the victim by using the state of impossibility to resist.

2. A quasi-Rape Defendant around 05:00 on August 3, 2019, around 05:0, at the victim’s house in Gwanak-gu, Seoul Special Metropolitan City’s apartment apartment D apartment E, drink with other friendships who are the victim and high school windows, and she first dives the Defendant’s hand back to be locked at the victim’s house, and she dives the Defendant’s hand into the victim’s inside the victim’s wall, and she dives the Defendant’s hand into the victim’s panty, and she dives up to three times into the part of the victim’s sound.

Accordingly, the Defendant committed similar rape by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the victim’s text messages and photographs, and the F message Acts and subordinate statutes submitted to the suspect;

1. Relevant provisions of the Criminal Act and Articles 299, 298, and 298 of the Criminal Act concerning the crime, the choice of punishment, and Articles 299 and 297-2 of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of each of the crimes above, which are heavier than the punishment);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The punishment, etc. of sexual assault crimes;

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