beta
(영문) 대구지방법원 2019.07.12 2019고합90

준강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant suggested that the victim would suffer from fraud in the above multi-level company and that the victim would be able to ask the victim to talk with the victim, who became aware of the fact that the victim was receiving education at the victim B (the victim, the female, the age of 26) and the multi-level company.

1. On June 7, 2018, the Defendant: (a) drinked alcohol with the victim and the victim’s seat at a restaurant near Daegu-gu, Daegu-gu C; (b) went home to the victim and D; and (c) returned home to the Defendant’s car; (d) had the victim her mind to have sexual intercourse with the victim by drinking alcohol; and (d) had the victim her intention to have sexual intercourse with the victim by driving the vehicle at the Daegu-gu Embel; and (e) had the victim her occupation at the same time after driving the vehicle; and (e) had the victim her occupation at the above Mo Fel room.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Between 01:00 and 02:00 on June 8, 2018, the Defendant: (a) laid the kidnapped victim from the above Maurel Felum room as stated in the preceding paragraph in a bed; (b) laid off the victim into a bed; and (c) laid off the victim’s fright and panty with the victim’s panty, and had sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical condition.

Summary of Evidence

1. Each legal statement of witness B and D;

1. Each police statement made to B (alias) and D;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs and CDs by capturing CCTVs, response to a request for genetic appraisal, and attachment of victim G medical records);

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of abduction), Articles 299 and 297 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

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

1. An order to restrict employment;