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(영문) 대구지방법원 서부지원 2017.05.25 2017고합58

준강간

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

On June 16, 2016, around 00:0, the Defendant met the victim E (e.g., 31 years of age) at the DNC located in Daegu-gu, Seogu, Daegu-gu, through stalking. The Defendant and the victim met the alcohol at the drinking house near the Defendant and the victim.

Since then, the Defendant she flicked with the Defendant and went to Gelae in Daegu-gu F by burning the victim's vehicle, as the victim did not take the body by drinking again with the victim at around 06:00 on the same day while drinking again with the victim, at around 06:00 on the same day, the Defendant went to Gela.

At around 08:00 on the same day, the Defendant continued to open the victim who has lost his mind with a 6th floor of the above telecom, laid off the victim's boom, laid off his panty and panty, and inserted the Defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each ctv image Cd statute

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Consideration of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record on sexual crimes, the extent and expected side effects of the accused’s disadvantage due to an disclosure order and a notification order, and the prevention of sexual crimes that may be achieved therefrom.