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(영문) 대전지방법원 천안지원 2019.07.17 2019고합99
준유사강간등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

1. A quasi-Rape: (a) around 00:10 on November 30, 2018, the Defendant: (b) had the victim C (the family name, the female, and the age of 20) who boarded a taxi in front of the Asan City; (c) had the victim entering the said apartment, carried the victim into the said apartment, carried the victim who wants to return home into the said apartment, and (d) had the victim her mind, she was able to enter the said apartment, and she was able to take care of the victim, and then he was able to take care of the victim’s clothes, she exceeded the clothes of the victim who was diving while under the influence of alcohol, and she was f

Therefore, as the victim refuses to do so, the victim was temporarily suspended, and then knife the part of the other victim's knife who was faced with the knife of the knife of the knife, and knife the loss in the knife.

The Defendant committed similar rape by taking advantage of the victim’s refusal to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took one-time photograph of the chests of the victim, who was in possession of the victim’s clothes at the same time and at the same place, from the victim’s clothes.

The Defendant taken the body of the victim who may cause a sense of sexual shame as above against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each request for appraisal;

1. Relevant Article of the Criminal Act, Articles 299 and 297-2 of the Criminal Act regarding criminal facts, the choice of punishment, and Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Rape within the scope of the sum of the long-term punishments prescribed for the crime of quasi-Rape with heavier punishment)

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. Suspension of execution;

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