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(영문) 대구지방법원 포항지원 2017.04.27 2017고합15
준강간
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2016, at around 02:17, the Defendant, while drinking alcohol together with friends, including Victim C (V, 20 years of age), was moving to the “E” DVD located on the north-gu D, and 3th floor at the port of port during the time when she was staying in and staying in the cab with the victim and the cab. On the same day, the Defendant entered the room No. 22 of the above DVD room at around 03:00 on the same day, went into the said room at around 03:00 of the same day, she was under the influence of alcohol to the victim who was diving in the state of her resistance, and her chest was discharged from the victim’s lower part, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the drinking part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the 112 Report Processing List, internal investigation report (in the situation at the time of dispatch to the scene), internal investigation report (in the form of a file output by capturing the F message submitted by the victim), message, and photographic Acts and subordinate statutes at the scene of crime;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. In full view of all the circumstances, including the Defendant’s age, family environment, social relationship, degree of recidivism, anticipated profits and preventive effects from the disclosure order of this case’s disclosure order, and other factors, including the Defendant’s age, family environment, and social relation, and the degree of risk of recidivism, as well as the benefits expected from the disclosure order of this case’s disclosure order, and adverse effects and side effects therefrom, the personal information of this case is registered.

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