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(영문) 대구지방법원 2018.01.26 2017고합565

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2017, the Defendant: (a) performed drinking at the bar of the trade name “E” located in Daegu Jung-gu, Daegu-gu; (b) started from September 1, 2017, the Defendant went through drinking with the victim and drinking with the victim at the bar of the trade name “H” located in the above house and its neighboring areas, from around 03:20 of the same day to around 03:00 of the same day; and (c) went through drinking with the victim at the mother of “J hotel” located in the same Gu I, and went through drinking with the victim at the end of 509.

Around that time, the Defendant inserted the Defendant’s sexual organ into the part of the victim’s sound, which was in a state of being unable to resist from alcohol, among the victims, at the above 509 heading room.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. As a result of the appraisal, each gene appraisal report;

1. Application of the Acts and subordinate statutes of each photograph, mixed sea, and field photograph;

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 (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

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 disclosure order and a notification order, and 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 first offender is the defendant, and the defendant is recognized as committing his/her crime and against himself/herself), etc., it can be said that the defendant has the effect of preventing recidivism even by taking part in the registration of personal information and the lecture for treating sexual assault against him/her;

The defendant's age, occupation, and occupation are shown.