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(영문) 대구지방법원 김천지원 2014.01.17 2013고합140
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 September 28, 2013, the Defendant: (a) 22:00 on September 28, 2013, with the victim E (the victim E (the 24-year-old age), who is a female living together with D and D, who is a female living together with the victim (the 24-year-old female) and D, where it is impossible to know the trade name in the Gumisi-si, Sinsi-si, where the victim and D are living together, and (b) on September 29, 2013, the following day after drinking the drinking, “I am late and take it at night.” upon D’s recommendation, I am humd by gathering the drinking house A-dong 204 in the Gu-U.S. where D and D live.

At around 03:30 on the same day, the Defendant dumpeded the victim who was divingd by the Defendant, while under the influence of alcohol, and dumped him with his clothes, and stored his fingers into the victim’s sexual flag, and stored his fingers more than ten minutes on several occasions.

On the other hand, the end has repeated.

As a result, the suspect committed similar rape in the form of the victim's sexual intercourse in the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of statutes on site photographs;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [it is deemed that there are special circumstances in which disclosure or notification of the personal information of the accused is prohibited as seen below], the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The disclosure of personal information is prohibited under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse.

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