beta
(영문) 대구지방법원 2015.03.13 2013고합391

준강간등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 19, 2014, the Defendant: (a) from the Defendant’s office located in Seogu-gu, Daegu to 50gs (Tgu Urban Railroad Corporation) located in the Daegu Northern-dong from October 20, 2014 to 14:00 on October 20, 2014; (b) did not directly receive a written notice of convening a social work personnel call under the name of the director of the regional military manpower office of Daegu-gu, Daegu-gu, the Defendant did not respond to the call

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the director of the Daegu High Military Manpower Office; and

1. A written statement that is the accusation of D;

1. The application of statutes on call-up for social work personnel and call-up for convocation, and registered mail delivery;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant is strictly punished on the ground that he/she is currently on the ground that he/she is on the ground that he/she is on the part of the designated persons at the time of the suspension of sentence. However, the defendant is on the ground that he/she will faithfully go in accordance with the procedures prescribed by the Military Service Act in the future, and the defendant is on the 20th beginning that he/she supports his/her young children, and his/her family members are clearly related to social relations, such as seeking a preference, etc., taking into account favorable circumstances, the defendant's military records, age, character and behavior, character and environment, intelligence and environment, family relationship, motive, means and result of the crime, etc.

Public prosecution part (the point of quasi-rape)

1. The summary of the facts charged lies between the Defendant and the Victim E (20 years of age) and the Defendant, around 201, at the two kinds of parks and outdoor music halls.

On May 17, 2013, at around 07:00, the Defendant called the victim to play together, and enticed the victim to the G main office located in the Daegu-gu, in which the Defendant worked as an employee.

At around 09:00 on the same day, the Defendant was under the influence of alcohol, while playing in the room No. 7 of the main place of the G at the same day with the friendship of the victim and the Defendant.