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(영문) 대구지방법원 서부지원 2019.01.24 2018고합226
준강간미수등
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

The defendant is between the victim B (n, 29 years of age) and the worker B.

1. Around March 19, 2018, the Defendant: (a) 19:30 on March 19, 2018, she drinked alcoholic beverages with the victim and his/her place of work ties; (b) obstructed the victim under the influence of alcohol with his/her neighboring mother to have sexual intercourse; and (c) induced the victim to have sexual intercourse with the victim; and (d) went through a telecom with which the trade name near the Seo-gu Daegu metropolitan apartment cannot be known at around 30 March 19, 2018.

Since then, the defendant exceeded all the clothes of the victim who was divingd in the bed while under the influence of alcohol, and kis the victim's chest by hand, and sexual intercourse with the victim after drinking the victim, but he tried to have sexual intercourse with the victim, but he was suffering of his memory and family members who were under investigation or trial due to sexual assault cases in the past.

Accordingly, the defendant tried to have sexual intercourse by taking advantage of the victim's state of impossibility to resist, and was committed by himself to discontinue the crime.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes), took the body of the injured party out of the clothes of the injured party at the time and place specified in paragraph (1), and taken them out by using his cell phone camera.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to each investigation report (No. 7 and 8 of the evidence list);

1. Relevant provisions of the Criminal Act and Articles 300, 299, and 297 of the Criminal Act concerning criminal facts, and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera and the choice of imprisonment).

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