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(영문) 대구지방법원 2020.10.23 2019고합355
준강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

In June 2019, the defendant of quasi-rape 2019 Ma355 was aware of the victim B (the name of the victim, the 32 years of age) and was sexually related several times from June 2019.

At around 22:30 on July 15, 2019, the Defendant drinked alcoholic beverages with D, Defendant, and victim at the family of the Defendant’s friendship Dong-gu, Daegu-gu, Daegu-gu, with the above D, Defendant, and the victim; around 02:0 on July 16, 2019, the Defendant moved the place to a mutual singing near the Dong-dong, Daegu-dong, Daegu-dong, 2-ro 72 on July 16, 2019 and performed alcoholic beverages together with the above three persons; around 04:30 on the same day, the Defendant moved the place to a place operated by the victim in the Daegu Suwon-dong, Daegu-dong, and 3 persons drink alcoholic beverages together at the above D’s ward; the victim was exempted from drinking, and the victim took off the clothes of the victim, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.

"2020 Gohap14"

1. On December 22, 2019, the Defendant assaulted the Victim F with the Victim F, who was under the influence of alcohol at the H’s restaurant operated by the Victim F (F) in Daegu-gu, Daegu-gu, on December 22, 2019, when the Victim F was requested by the Victim F (F) to “Abalthra” while drunking alcohol, the Defendant assaulted the Victim by pushing the Victim’s left side arms of the Victim.

2. The Defendant suffered property damage to the victim I, at the time and place specified in the above paragraph (1) above, as the Defendant abused the above F at the victim I (the age of 19) who was a guest to take meals to the above F, and caused the damage to the victim's property by shouldering the right shoulder of the above victim, and then damaging the victim's property by tearing the victim's property owned by the victim's owner of 24,000 won at the market price owned by the victim.

Accordingly, the defendant damaged the property owned by the victim.

(i) the evidence;

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