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(영문) 대전지방법원 2020.01.17 2019고합370
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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 May 31, 2019, the Defendant, along with D's house, D, victim E (n, 21 years old), victim F (n, 22 years old) at, and after drinking alcohol at, the seat of the school line of Daejeon P, Seosung-gu B, and C, and the victim F was able to sleep at the seat of D, and the victim F was locked at the seat of the Defendant near it.

1. A quasi-Rape Defendant: (a) around 05:0 on June 1, 2019, around 06:00 to around 06:00, at the home room of the said D, the Defendant was able to enjoy subsequent to the victim E, etc., who was under influence of alcohol at the same place, and was in charge of the victim’s chest, and attempted to be in charge of the victim’s chest, and was under the influence of the victim’s mouth; (b) put the victim’s finger into the negative part; and (c) fright up the victim’s body with the victim’s arm’s body and resisted the victim’s body, but continued to put the finger into the victim’s sexual organ, and her chest became the victim’s chest.

이에 피해자가 엎드리자 피고인은 피해자의 몸 위로 올라가 손으로 피해자의 가슴을 만지면서 피해자의 바지를 벗기려고 하고, 피고인의 성기를 피해자의 엉덩이에 대고 비볐다.

Accordingly, the defendant has been raped by taking advantage of the victim's state of loss and non-fluence.

2. At around 06:00 to 07:00 on June 1, 2019, the Defendant attempted to commit indecent act by compulsion at the Defendant’s house located in the Daejeon Seosung-gu G Building H, such as the above paragraph (1), and to return to the Defendant’s house after quasi-Rape, and return to the Defendant’s house, and to the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the J-related Acts and subordinate statutes sent to and received by the complainant and the accused by the complainants and K;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act that choose a punishment, and the Criminal Act;

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