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(영문) 춘천지방법원 2019.07.19 2019고합8
준강제추행등
Text

The punishment of the accused shall be determined by two years of imprisonment.

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

Reasons

Punishment of the crime

The defendant is a teaching assistant in the university department and the victim B (the family name, the female, the age of 22) is a student of the same department.

1. A quasi-indecent act by compulsion on August 14, 2018, the Defendant committed an indecent act by compulsion of the victim by taking advantage of the victim’s state of resistance, such as by inserting the victim’s cK3 car under the influence of alcohol, which was parked in the center library of the university located in Chuncheon on August 14, 2018.

2. A similar rape around 03:00 on August 14, 2018, the Defendant entered the victim’s house located in Switzerland-si, Chuncheon-si, and brought about a knife to the victim, and went off from the victim’s knife, “I am off, I am off,” and knife the victim’s knife, and knife the victim’s knife., then forced the victim’s knife off, knife the victim’s knife, knife the victim’s knife, and knife the victim’s knife, knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife., followed the victim’s knif.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony made by a victim B;

1. Application of Acts and subordinate statutes on criminal investigation reports (Kaxo that is divided by the suspect and his/her friendship after damage caused by the crime);

1. Relevant Articles 297-2 and 299 and 298 of the Criminal Act concerning criminal facts, the applicable Articles of the Criminal Act and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. It is difficult to readily conclude that the Defendant, who is a primary offender, is in danger of sexual assault or recidivism, as well as the age, environment, occupation, and victim of sexual assault under 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.

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