(영문) 대구지방법원 2019.07.26 2018고합538

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.07.26 2018고합538

준유사강간미수등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant agreed to travel with C, who is a kind of friendship B and a workplace, and C took the victim D (the family name, the age of 21) who was friendly in prison and became aware of the victim first.

1. Quasi-decent acts;

A. On July 22, 2018, the Defendant discovered that the victim was under the influence of alcohol between “F” in Cheongdo-gun E, Cheongdo-gun, Cheongdo-gun, while drinking alcohol together with B, C, and C, while smoking tobacco, and the victim was able to sleepd, and the victim was her fingerd into the body of the victim’s clothes.

B. The Defendant arranged the drinking place with C at the same time and place as above, discovered that the victim was locked, accumulated in the victim's side, stored the victim's hand in the victim's body, stored the victim's hand in the victim's body, and stored the chest in the breast in the inner clothes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's failure to resist over twice.

2. A quasi-Rape: (a) The Defendant: (b) reported that the victim was locked by being locked in the victim’s side at the same time and place; and (c) attempted to put the victim’s her finger into the victim’s negative part; (d) however, the Defendant did not put the victim into the victim’s negative part and her finger, but did not have the victim’s finger from diving or the Defendant’s hand.

Accordingly, the defendant had attempted to put the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D (tentative name), G, H and I;

1. Part of C’s legal statement;

1. The police statement concerning B;

1. J dialogue (No. 3 of the evidence list);

1. Application of Acts and subordinate statutes to a criminal investigation report (including the sequence 4, 12, 14, 18, and each accompanying material);

1. Relevant legal provisions concerning criminal facts, Articles 300, 299, and 297-2 of the Criminal Act concerning the choice of punishment (the attempted quasi-Rape) and Articles 299 and 298 of the Criminal Act concerning quasi-indecent acts; and

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