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(영문) 대구지방법원 서부지원 2015.08.10 2015고합94
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2015, the Defendant came to know of the victim F (20 years of age) who had been playing in his friendly ties with the employees of the company working for the Defendant in the Seongbuk-gun Ethmn-gun, Seongbuk-gun, Sung-do.

At around 23:00 on the same day, the Defendant she frightened along with his/her happiness, and frightened, such as drinking together with drinking. At around 23:00 on the same day, the Defendant she frightened in the “san” room of the above gate, and around 03:0 on June 23, 2015, the Defendant frightened the victim, who was unable to resist due to diving, with the victim’s clothes, laid off the victim’s legs, laid off the victim’s legs with his/her hand, laid the Defendant’s sexual organ into the victim’s resistance, and continued to put the victim’s sexual organ into his/her hands.

Accordingly, the defendant put the defendant's sexual flag into the victim's resistance by taking advantage of the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of each statute to the place of criminal, each internal investigation report (related to the collection of evidentiary materials, a cellular phone list photograph of the victim), each investigation report (related to the confirmation of the scene of damage, etc., and the verification of whether the victim is treated as the victim's counterpart);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. The main sentence of Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying personal information; Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the instant crime is deemed to have been committed by the Defendant while under the influence of alcohol, and personal information of the Defendant.

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