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(영문) 의정부지방법원 2018.09.20 2018고합181
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 7, 2018, 02:00 to 04:00, at the night of the victim D (at the time, 26 years of age) located in Malaysia, the Defendant was deprived of the victim’s her panty and panty who was under the influence of alcohol, and was faced with the victim’s her sexual organ in the sexual organ at around 02:0 to 04:0,00, and the Defendant was faced with the Defendant’s hand, and the victim who was shouldered in diving was her finger.

Even though the victim continued to be “,” the victim’s body was ppurid and the victim’s body was separated by the victim’s body, and the victim was sexual intercourse and raped once.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant, and a protocol concerning the examination of the suspect by the police against the defendant (including the part concerning the examination of the suspect by two times and D);

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each gene appraisal document;

1. Article 297 of the Criminal Act applicable to the facts constituting the crime [limited to the part where the defendant has returned to his gender, and only the part where the defendant has returned to his gender], and the victim is called as the victim;

(1) The court has discontinued the sexual intercourse after

statement.

The crime of rape is established when the male sexual organ of the defendant enters the victim's sexual organ, and the crime of rape in this case is sufficiently recognized even if the defendant's statement is based on the defendant's statement, since it does not require a complete insertion, circumstance, sexual satisfaction, etc. of the sexual organ.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

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 information, an order to notify, and an order to restrict employment, and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished as a sexual crime, and personal

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