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(영문) 대구지방법원 2017.11.24 2017고합339
강간
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is a victim C (n, 24 years of age) and community service activities, and a victim's post-university.

On July 21, 2016, at around 18:00, the Defendant started drinking together with the victim and the defendant-friendly F, etc. from July 22, 2016 to July 02:19, 2016, the Defendant drank alcohol at 2 places in the above drinking house and its neighboring drinking house. On the same day, around 02:30 of the same day, the Defendant diced the victim under the influence of alcohol at home, and diced with the victim in G room together with the victim.

The Defendant continued to rape the victim, who was under the influence of alcohol, was able to do so, and was in his/her hands off the clothes of the victim himself/herself, and took the victim’s bridge. When that, the victim resisted and resisted the defendant by shouldering him/her. When the victim resisted him/her, “I would like to refuse to do so by his/her refusal to do so, I would like to suppress the victim’s resistance, such as booming both sides of the victim by hand, etc., and raped the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Investigation report (Attachment of the details of exchange between the victim and the H), internal investigation report (Attachment to the contents of H dialogue exchanged between the victim and the suspect);

1. Details of H dialogue given and received by the injured party with a friendly Gu before the injured party reports;

1. Cut up three CDs with each video and each CCTV photograph;

1. Application of Acts and subordinate statutes to genetic emotions and emotions;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant has been punished for a sexual crime).

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