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(영문) 서울서부지방법원 2020.12.17 2020고합168
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” main point on the first floor of Mapo-gu Seoul in Mapo-gu, Seoul, and the victim D (V, 20 years old) is a part-time student who worked at the above main point.

At around 03:00 on January 29, 2020, the Defendant completed a day at the main point above, and she dried the alcohol and dumpeded it to the shock so that it can not be dump, and collected the fingers of the victim by gathering the hands below the shocks of the victim, opening the part part of the victim and gathering the hands in the panty, cutting the fingers into the part of the victim, gathering the fingers into the part of the victim, gathering the fingers in the part of the victim, and having the part of the defendant attack by drawing the victim's hand.

Accordingly, the defendant used the victim's resistance impossible condition to bring his fingers into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Written statements of D;

1. Investigation report (to hear and report the victim's D phone statement);

1. The application of Acts and subordinate statutes to report internal investigation (materials submitted), the contents of text messages by the defendant and the victim, investigation reports (related to the suspect's speech and behavior at the time of execution of a warrant of search, seizure and verification), investigation reports (related to attachment of a record of telephone conversations between the victim and witness), recording records, investigation reports (report accompanied by

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “aggravated Punishment”), Article 2 of the Addenda to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); Article 59-3(1) of the Welfare of Disabled Persons Act

1. Scope of punishment by law: Two to thirty years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) the crime of rape (at least 13 years of age);

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