beta
(영문) 대구지방법원 2019.06.14 2019고합129

유사강간등

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

1. A similar rape on February 19, 2019, at around 04:00, the Defendant: (a) performed drinking at the center of the victim C (the 18-year old-old-old-age-old-si D; (b) performed drinking together with the victim and the victim’s male-gu-dong D; and (c) performed drinking first by the victim, who was in the above D, kiding the victim’s chest, kid by going back into the part of the victim; (d) the victim got out of the part of the defendant’s finger; and (e) the victim got out of the part of the victim to another room, and (e) the victim got back to the part of the victim, she sawed the victim’s arms on his/her own hand, into the part of the part of the victim, and got off the victim’s panty, and she did so by deducting the victim’s finger from the victim’s hand.

Since then, the Defendant: (a) reported that the victim would be able to do so on the part of the victim; (b) stored his hand in the inner clothes of the victim; (c) laid his finger into the victim’s inner panty line; (d) laid his finger into the victim’s inner panty line; and (d) laid the victim’s hand into his inner gate; and (e) laid the victim’s hand into the victim’s inner gate; and (e) laid the victim’s hand into the victim’s inner gate; and (e) laid the victim’s sexual organ into the victim’s sexual organ, the Defendant raped the victim.

2. The Defendant, at around 13:00 on February 19, 2019, committed an indecent act by compulsion by force against the victim by forcing the victim to leave the above D’s house, and by inducing the victim to take a part in his/her bedrooms, and by inducing the victim to take a part in his/her hand and return to his/her own seat after the victim’s attendance at work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (to attach E dialogue exchangeds sent and received by a suspect, to voice files recording the contents of conversations with a suspect), and to the application of E message-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 297-2 of the Criminal Act and Article 298 of the Criminal Act;

1. The aggravated Criminal Act for concurrent crimes.