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(영문) 대구지방법원 2018.04.13 2018고합74

유사강간등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the victim D (V, 56 years old) and year personnel.

1. A similar rape: (a) around 04:40 on December 30, 2017, the Defendant sought the victim’s residence in Daegu Dong-gu Dong-gu, Daegu-gu, and (b) took the victim’s resistance after suppressing the victim’s resistance; (c) took the victim’s chest on his/her part; (d) taken the victim’s chest on his/her part; and (e) laid off the victim’s panty; and (e) putting the finger into the part of the victim’s drinking.

In this respect, the Defendant raped the victimized person.

2. As described in paragraph 1, the injured Defendant satisfe the chest of the victim, satisfe the part of the victim, satisfe the part of the victim, and the victim satisfe the victim's secret while pushing the defendant, and the victim satisfe the victim's face and head satisfe the victim's face and head satisfe the victim's satisfe the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report internal death (the refusal of a victim's piracy center and the face of a suspected suspect);

1. Relevant Article 297-2 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [In addition, the aggravated punishment of concurrent crimes prescribed in the category of similar rape with heavy punishment (only to the extent that the maximum punishment of each of the above crimes is added up);

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. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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

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 or a notification order, 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 (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism of sexual assault or recidivism;

It shall be readily concluded.