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(영문) 대구지방법원 포항지원 2018.08.30 2018고합22
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 25, 2017, around 06:0, the Defendant: (a) around 06:0, around 06:20, around 2202, the residence of the victim E (n, 22 years of age) located in the north-gu, Gyeong-si; (b) 202, the victim was under the influence of alcohol and was faced with the victim by taking advantage of the non-fluence of resistance; and (c) took the victim’s grandchildren into the Defendant’s sexual flag, brought the victim’s grandchildren into the Defendant’s sexual flag; and (d) put the victim’s finger in the part of the sound of the victim.

As a result, the Defendant used the victim's anti-competence condition to commit similar rape.

Summary of Evidence

1. Each legal statement of witness E, G and H;

1. Entry of part of the protocol concerning the examination of the suspect in the prosecution and the police against the defendant;

1. Statement protocol by the police for E;

1. A complaint filed by E;

1. A criminal investigation report (Attachment to the contents of I dialogue), a criminal investigation report (related to the submission of a victim’s written opinion and pictures, the attachment of voice file CD), a criminal investigation report (Attachment to a victim’s photo), a criminal investigation report (Attachment to a suspect’s e-mail submission data), a criminal investigation report (related to the voice call content of the suspect G), a criminal investigation report (related to the submission of a criminal suspect’s e-mail with G), a criminal investigation report (related to the victim’s GI conversation);

1. Application of each CD-related statute

1. Relevant Article of the Criminal Act and Articles 299 and 297-2 of the Criminal Act concerning the selection of criminal facts;

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record on sexual crimes against an unspecified person) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including the Defendant’s age, occupation, occupation, family environment, social relationship, degree of recidivism, the degree of risk of disclosure orders of this case,

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