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(영문) 대구지방법원 2019.05.24 2019고합153
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 11, 2019, at around 03:00 on the first day from the victim B (n, 22 years of age) and the Jung-gu Seoul metropolitan-gu club “C,” the Defendant came to move to the victim’s house, who was going to go to the said club and go to the house of the victim in Daegu North-gu, Seoul metropolitan-gu., and became to go to the victim’s house.

From 04:00 to 07:30 on the same day, the Defendant discovered the victim who was divingd in the bend room of the said victim from the bend room of the said victim, and laid down the bend the bend, putting the finger into the part of the victim's inner part, resulting in the victim's refusal to stop the act of "Dried, cut off," putting the finger into the part of the victim's negative part, and put the finger into the part of the victim's negative part.

Therefore, the defendant's body was denied by the victim's refusal to "I Mad." and caused the victim's sexual organ to contact his or her sexual organ with his or her own sexual organ by putting his or her her sexual organ away from his or her her her m

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (including the list of evidence Nos. 9, 11, and each accompanying material), investigation report (including the list of evidence Nos. 15, 19, and each accompanying material);

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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