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(영문) 대구지방법원 김천지원 2019.09.24 2019고합8

준유사강간

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

Around 23:00 on May 20, 2018, the Defendant first met and became aware of the Victim B (the title, E, 22 years of age). On May 20, 2018, when residing with three and other parties, the Defendant her drinking together at the victim’s house located in C.

On May 21, 2018, the Defendant, at around 04:00, 04:0, drunkd the victim under the influence of alcohol at the bend at the bend of the above place, and her chests of the victim her chests by hand, cut off the victim's clothes, brode, and panty, cut off the victim's chests, cut off the victim's panty, taken a smell on the part of the victim, and her fingers on the part of the victim's sexual flag.

In this respect, the Defendant committed similar rape by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each police statement concerning B and D;

1. Report on arrest of the suspect;

1. Reports on internal investigation (in relation to field photographs), and reports on investigation (in relation to response requests made by the National Institute of Scientific Investigation by the National Institute of Scientific Investigation, attaching on-site photographs and listening to statements made by the victim B (tentative name) with respect to the circumstances in which the suspect became aware of his/her entry);

1. Each on-site photograph, legal chemical appraisal report, and gene appraisal report;

1. Application of each seizure protocol and list statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 297-2 of the Criminal Act, the choice of imprisonment for a crime;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The Defendant has no record of being punished for a sex offense prior to the instant crime, and solely on the facts constituting the offense in its holding, against many and unspecified persons.