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(영문) 대구지방법원 2019.02.15 2018고합396
준강간등
Text

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On September 18, 2015, the defendant and the person who requested an attachment order and the person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for not less than ten months for residential intrusion, etc. at the Daegu District Court on September 18, 2015 and completed the execution of the above sentence on February 13, 2016.

【Criminal Facts】

"2018 Gohap396"

1. On July 7, 2018, the Defendant committed a crime is a B-cab driver, and the victim C (the victim, the 44 years old, the 44 years old, the Korean national) is a passenger boarding the said taxi.

The Defendant, in the vicinity of the “Yukdong Fire Station,” in Daegu Jung-gu, was in mind to have sexual intercourse with the victim by taking advantage of the fact that the victim was under the influence of alcohol and was under the influence of alcohol to the “E elementary school” located in Daegu North-gu, Daegu, which is a destination for the taxi.

Around 03:40 on July 7, 2018, the Defendant: (a) laid off the victim’s clothes under the influence of alcohol by “Felel in Daegu North-gu,” and laid off the victim’s body properly; and (b) inserted the Defendant’s sexual organ into one part of the victim’s sound.

Accordingly, the Defendant, under the influence of alcohol, has sexual intercourse with the victim who has been unable to resist.

"2018, 463"

2. Around September 1, 2018, the Defendant, as a B-cab driver, committed the crime, committed an indecent act and sexual intercourse with the victim H (the name, the age of 21) who was drunk on September 1, 2018, and was under the influence of alcohol around 02:30 on September 1, 2018.

On September 1, 2018, the Defendant committed indecent act by compulsion on September 1, 2018, around 03:00, the Defendant committed indecent act by assaulting the victim’s legs, chest, and fluor in a state of unable to resist under the influence of alcohol in the same taxi near Daegu-gu, Daegu-gu.

B. After committing the crime like the preceding paragraph, the Defendant committed the same offense as quasi-rape, and, on September 1, 2018, committed one-time sexual intercourse with the victim, who was in a state of difficulty to resisting, under the influence of alcohol, was sexual intercourse with the victim, who was in a state of her ability to resist, even though she was unable to resist, within the said her parent-gu Daegu-gu, Daegu-gu, Daegu-gu, and did not her body under the influence of alcohol.

[A ground for a claim for an attachment order]

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