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(영문) 대구지방법원 2019.01.11 2018고합377
준강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, at the victim B (one, half, and twenty-three years of age) and the head food restaurant in Daegu Northern-gu C, brought the victim who drinking after drinking alcohol to the victim's house near the victim's house. On June 5, 2018, the Defendant, from around 23:30 on June 5, 2018 to 04:00 on the following day, brought the victim who drinking after drinking alcohol, such as other Dong dues, to the near the victim's house.

On June 6, 2018, at around 05:40, the Defendant 2018, when the victim was in front of the Da apartment Dong in Daegu North-gu, Daegu-gu, and was unable to do so alone, she was under the influence of alcohol, she was under the influence of the victim’s entry, she was under the influence of the victim’s entrance, she was on the 23th floor along with the victim, she was under the direction of the victim, she was under the direction of the victim, she was under the direction of the victim, she was under the direction of the victim, she was under the direction of the victim, and she was under the direction of the part of the victim’s body, she was under the direction of the victim, and thereby, she was under the direction of the part of the mouth and the part of the

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and suffered injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Reports on internal investigation (limited to the attachment of photographs on the upper part of the victim) and 14 copies of photographs;

1. Reports on internal investigation (as to the attachment of a medical certificate) and each medical certificate;

1. A report on internal investigation (with respect to attachment of 2018-D-3298).

1. Application of Acts and subordinate statutes to report internal investigation (2018-D-3517) (2018-D-3517)

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

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

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 and an employment restriction order, and the protection of children and juveniles against sexual abuse;

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