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(영문) 대구지방법원 서부지원 2018.01.18 2017고합142
준강간등
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

"2017 Gohap 142"

1. The Defendant, on March 20, 2017, is where a toilet is located in front of the D veterinary hospital located in Daegu-gu, Seogu, Seogu, Daegu-si, and from the victim E (one’s name, half’s age, 37 years old) under the influence of alcohol, on the roads of the D veterinary hospital located in Daegu-gu, Seogu.

The question was made and the victim was sent to a male toilet in the F church located at a place less than 200 meters away from that place.

The Defendant had sexual intercourse with the victim by putting the victim on a toilet floor and inserting heatedly heated and heatedly heated and heatedly imprisoning his hair in the toilet wall, and putting the victim on the toilet floor to sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sound.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

"2017 Gohap 165"

2. 아동 ㆍ 청소년 의성보호에 관한 법률위반( 강제 추행) 피고인은 지적 장애 2 급으로, 2017. 3. 24. 18:40 경 대구 달서구 G 앞에서 귀가하던 피해자 H( 가명, 여, 14세 )에게 다가가 학교와 이름을 묻고, “ 누가 괴롭히면 아저씨에게 말을 해 라” 라며 갑자기 피해자를 양팔로 껴안고 왼쪽 엉덩이 부분을 손으로 톡톡 두드렸다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

"2017 Gohap 142"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A gene assessment report "2017 Gohap 165;

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 13);

1. Relevant Articles 299 and 297 of the Criminal Act concerning the crime, the choice of punishment, and the choice of punishment, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment, and the choice of punishment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment heavier than the punishment prescribed for quasi-rape);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 (the following advantages):

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