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(영문) 대구지방법원포항지원 2020.12.10 2020고합76
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On June 7, 2020, around 07:46, the defendant found that the victim D (the name, the 23-year old age) of the defendant's family head's family head's family living together with the defendant's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's family head's

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of seizure of the written statement submitted by the police with D and the list of seizure;

1. The application of each video CD-related Act and subordinate statutes to each video CD-related Act and subordinate statutes, which the victim has entered his/her residence together with his/her natives, a investigation report (related to telephone conversations of the suspect's wife E-mail), the victim's picture covering the damaged place, a criminal investigation report (related to the perusal of CCTV on the pages of his/her home), a criminal investigation report (the investigation of a person, other than the suspect, who is likely to be affected by his/her residence), a video photograph, a criminal investigation report (the investigation of a person, other than the suspect's residence), a response to an appraisal request, a gene appraisal report, a criminal investigation report (the results of a request for appraisal and the investigation report), a criminal investigation report (related to the time of the damage), a Kakaok conversation conversation sent by the suspect's wife to the victim;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order of disclosure or notification of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure or notification, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse need to be carefully

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