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(영문) 대구지방법원 2021.01.15 2020고합467
강간치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

Around 15:00 on August 30, 202, the Defendant, at around 15:0, was aware of the victim C (the 68-year-old age), was drinking together with the victim at the residence of the victim C (the son), was under the influence of alcohol and carried in the said residence with the victim’s self-victim’s inside and outside of the said residence, and was breading the victim by her hand. The son who was going up on the victim’s body, her part, her part, was cut off with the victim’s will and panty, and her finger was laid off with the victim’s finger, she tried to put the Defendant’s finger into the part of the victim’s sexual organ, but she did not bring the victim’s finger into the wind of the victim’s sexual organ, but she did not bring about the victim’s injury to both sides and two meters of noise that require treatment at around 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (related to interviews with victims);

1. Written opinion of diagnosis (C) and each written appraisal;

1. Application of Acts and subordinate statutes to on-site photographs and photographs of the upper part thereof;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no criminal record due to any sexual crime; the Defendant’s personal information registration and attending order can give a certain degree of effect to prevent recidivism; and the Defendant’s age, occupation, family environment, social relationship, disclosure order, or notification order.

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