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(영문) 대구지방법원 서부지원 2018.10.04 2018고합44
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim E (the life, the age of 32) came to know from the age club to the stalking.

At around 05:00 on August 15, 2015, the Defendant: (a) went from the immediately preceding 05:00 club, which was first sent to the victim and the age club; and (b) went to the Defendant’s home, would put the victim into the house; and (c) arrived at the Gelter in front of the Gelter in Daegu-gu F.

The Defendant, while having divided the victim’s talk with the victim in a car, she was placed in a telecom, but the victim refused to do so, and, as the victim refuses, she was “I am bad, I am.”

p. The same shall apply to women.

The victim was unable to get out of the vehicle by taking a bath, such as "snicking".

The Defendant continuously demanded the victim to grow her body of the victim, who did not comply with the victim's request, brought the victim her kis on his body, brought the victim's two sons, who did not want to do so, her two sons of the ppuri victim into his left hand, forced the victim's head to her head, and her resistances into the victim's head, led the victim into the victim's head, her left chest, cut down the victim's her clothes, her left chests, cut down the victim's her body, her hand over the victim's fingers, and inserted his hand into the part of the victim's body.

Accordingly, the Defendant committed similar rape by putting the victim under confinement by preventing him from getting off from the car, and inserting his fingers into the negative part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (the No. 17,18 of the evidence list);

1. Article 297-2 of the Criminal Act (the occupation of similar rape) and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. The ordinary concurrent prosecutor prosecuted the crime of confinement and the crime of rape as indicated in the judgment as a substantive concurrent relationship. However, the act of rape similar to the act of confinement in the instant case is not only overlap at time and location.

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