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(영문) 대구지방법원 서부지원 2019.06.27 2019고합65

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 40 hours.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the commission of bodily injury at the Cheongju District Court for six months, and on July 15, 2016, the period of the suspension of execution was six months after he/she was sentenced to six months of imprisonment with prison labor for the crime of causing bodily injury, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. (hereinafter referred to as the "Act on the Punishment, etc.") at the Seoul Northern District Court for Seoul Northern District on July 15, 2016, and the said judgment became final and conclusive on October 15, 2016, and the execution of the said sentence was completed

The defendant and the victim B (the age of 22) were the same as the workplace rent, and they were hedging due to the violence of the defendant.

1. On October 17, 2018, the Defendant: (a) took a workplace meeting in Seo-gu, Daegu-si, Seo-gu, Seo-gu, in drinking alcohol with the said victim; and (b) took the victim’s house by taking advantage of the fact that the victim did not have been able to walk properly; and (c) had sexual intercourse with the nearby her mother.

At around 21:10 on the same day, the Defendant took off the victim’s clothes in the Seo-gu, Daegu, and took off the part of the victim’s clothes, and made sexual intercourse with the victim who is in a state of impossibility to resist and to resist.

2. From October 17, 2018 to October 18, 2018, the Defendant taken pictures using smartphones of the victim under the influence of alcohol, at the Mamerasian, around 21:10 to 05:10 on October 18, 2018.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (the sequence 4, 5, 6 of the evidence list);

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (Evidence List No. 15);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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