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(영문) 대구지방법원 2018.10.12 2018고합293
준강간
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, on July 2, 2018, had been drinking in the “E” located in Daegu-gu, Daegu-gu, Daegu-gu, on July 2, 2018, three persons, who had been aware of A, were drinking in the victim F (n, 20 years of age) who had been drinking in A.

On July 2, 2018, the Defendant: (a) around 06:00 on July 2, 2018, 2018, the Defendant gave the victim the victim’s house with A, who was drunk; (b) arrived at the victim’s residence in Daegu-gu G; (c) laid the victim on the floor; (d) laid the victim on the floor; and (e) had the victim’s appearance who was under the influence of alcohol; and (e) had sexual intercourse with the victim.

Therefore, the Defendant tried to add his sexual organ to the sexual organ of the victimized person after he was off of the victim's subordinate body. However, it did not become an origin.

As such, the Defendant, while under the influence of alcohol, attempted to rape a victim by using the victim’s potential to resist due to sleep.

2. On July 2, 2018, Defendant A, along with B around 06:0 on July 2, 2018, 2018, followed the victim’s home, arrived at the victim’s home, and went into the entrance and exit of the victim. Defendant A tried to have sexual intercourse with the victim’s sexual organ inserted the victim’s sexual organ into the victim’s sexual organ, and had sexual intercourse once by inserting it into the victim’s sexual organ.

As such, the Defendant, while under the influence of alcohol, abused the victim by using the victim’s potential to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to F;

1. Response, etc. to a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (recording files of victims);

1. Defendant A of the pertinent legal provision relating to the facts constituting an offense: Articles 299 and 297 of the Criminal Act (the point of quasi-rape): Articles 300, 299 and 297 of the Criminal Act (the point of attempted quasi-rape);

1. Articles 53 and 55(1)3 of the Criminal Code for mitigation of volume (Article 53 and 55(1)3) of each of the following.

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