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(영문) 대구지방법원 안동지원 2013.10.11 2013고합43
준강간등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant has served in the filling team in C, and is not in a relationship with the victim D (n, 22 years of age).

1. Around 00:20 on April 24, 2013, the Defendant, at the drinking house called “F in permanent residence E”, went to the above company dormitory located at a distance of about 500 meters from the place of quasi-rape.

However, while the Defendant knew that he had a cell phone board at the drinking house, and went back to the drinking house, he had been able to cause sexual intercourse by reporting the victim who was breath and walked on the road while drinking.

After that, the Defendant, from April 24, 2013 to 03:50 on the same day, was towed by the victim’s arms taken from “Gel” located in E in permanent residence at around 03:30 on April 24, 2013, and led the victim to lying the victim into the bend room 202 room.

Then, the Defendant exceeded the victim’s panty and panty in a state of impossibility of resisting in the breath of alcohol, and worn the sea sea boom in one’s own sexual flag, and sexual intercourse with the victim’s body on one occasion.

2. The Defendant: (a) raped the victim at the time and place of the crime of larceny; (b) discovered one Samsung Digital Camera (300,000 won) owned by the victim; and (c) one USB Mata card (30,000 won) on the victim’s possession; and (d) stolen the victim’s criminal intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each Act or subordinate statute of the investigation report (as to the victim's photograph on his/her upper part), internal investigation report (as to the suspect's photograph, etc. taken into CCTV), internal investigation report (as to the other party's internal investigation report, etc. for his/her employees), and investigation report (as to on-site photograph, etc.);

1. Relevant Articles 299 and 297 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime;

2. The former part of Article 37 of the Criminal Code among concurrent crimes.

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