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(영문) 대전지방법원 2019.09.05 2019고합138
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2018, the defendant drinks alcohol with the victim's living room located in a ward located in a building C in the public building C in the public building C around 04:00 on December 24, 2018, and the victim slickly prepared a well-locked room to the defendant, and then slick first.

At around 04:00 to 04:30 on the same day, the Defendant: (a) exceeded the part of the victim under the influence of alcohol and panty; (b) has sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound; (c) has frightened the victim in the lock; and (d) has frighted against the victim, such as frighting the Defendant, and frighting the Defendant, then placed the victim’s shoulder on the left chest of the victim; and (c) has sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of impossibility to resist because the victim was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs, victim, text messages between suspects, police investigation reports (the collection of evidence of sexual assault against victims), each request for appraisal, reply to the request for provision of communications data, each prosecutor's investigation report (the victim's hearing report - reporting to the victim's statement - reporting to the victim's hearing, reporting to the victim's hearing, hearing of the victim's statement, reporting to the victim's hearing of agreement - reporting to the victim's hearing of opinion - reporting to the victim's hearing of opinion - reporting to the victim's statement, reporting to the submission of data, reporting to the confirmation of the gene statement, reporting to the

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

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

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