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(영문) 대구지방법원 2019.08.30 2019고합36

강간치상등

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, known to the victim B (M, 31 years of age), had the victim B (M, 31 years of age), who was suffering from water prescribed by himself, lost the spirit of drinking alcohol, which is exempt from water, and had the victim feel to rape.

On October 20, 2018, at around 00:20, the Defendant, while taking part of beer and beer with the victim in his residence in Daegu-gu, Daegu-gu, by taking part of beer and beer with the victim, laid down the victim's ethyl meltis exemption one which was made by the victim in advance to beer to beer in the toilet in order to do so. The Defendant, without knowledge of the circumstances, laid down the victim off the clothes of the victim's right to resist, and inserted the Defendant's sexual flag into the part of the part of the victim.

As a result, the Defendant: (a) imprisoned the victim’s resistance using ethyl oxide, which was exempted from water; (b) Rape the victim; and (c) caused the victim to suffer bodily injury by getting the victim locked.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes on investigation reports (including the sequence 5, 14, 16, and each accompanying material);

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The extent and expected side effects of the accused's disadvantage due to the age, occupation, family environment, social relationship, criminal punishment, disclosure order or notification order of the accused under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the disclosure order