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(영문) 대구지방법원 김천지원 2017.01.24 2016고합120
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 00:20 on July 26, 2016, the Defendant: (a) while drinking drinking together with the victim E (the name, franite, age 29) from the bicycle franchis of D after the Defendant: (b) 00:20 on July 26, 2016, the Defendant: (c) while drinking together with the victim E (the victim is she next to the victim; (d) but, as the victim refused to do so, the victim met the victim’s chest by hand; (e) the victim’s her kne; and (e) the victim’s kne by putting the kne of the victim’s kne; and (e) laid the victim’s kne in his panty; and (e) laid the victim’s kne.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, F, and G;

1. Reports on internal investigation and each photograph;

1. The defendant and his defense counsel asserts to the effect that there is no memory that the defendant forced the victim to sit in kneee or have no body knee, and that he did not contain his hand into his clothes.

The victim has consistently stated the details and contents of the damage, circumstances before and after the damage, etc., and the statements of witnesses also conform to the statements of the victim.

In addition, there is no unreasonable or contradictory part of the victim's statement, and the victim has made a false statement in order to mislead the defendant.

It does not seem that it does not appear.

In full view of the above statements by the victim and the evidence mentioned above, in particular the defendant's hacks detection of DNA punishment in the defendant's hand-to-saw, the defendant can be found to have committed similar rape as stated in the facts of crime. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes; and Article 49(1) of the Child and Youth.

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