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(영문) 대구지방법원 안동지원 2012.11.16 2012고합164
준강간상해
Text

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

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

From September 21, 2012 to September 21, 2012, the Defendant started drinking with the Victim C, etc. from around 21:30, to around 01:00, the Defendant started drinking with the Victim C, etc., and was drinking with E, etc. located in Ansan-si D, from September 22, 2012 to around 01:0, the Defendant got the Victim from the taxi along with the Victim and got the Victim to live.

At around 02:00 on September 22, 2012, the Defendant: (a) placed the victim under the influence of alcohol on a bed; (b) placed the victim under the influence of alcohol on a bed; (c) laid the panty of the victim by taking advantage of the victim’s state of resistance to resist; (d) laid off the victim’s panty by taking advantage of the victim’s state of resistance; and (c) laid off the Defendant’s panty and panty; and (d) placed the Defendant’s sexual organ into the victim’s sexual organ by inserting the Defendant’s sexual organ into the victim’s sexual organ, the Defendant inflicted an injury on the part of the victim, with approximately two weeks, on the part of the victim’s face, by taking the victim’s finger or panty into the victim’s finger.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of impossibility to resist, and has inflicted bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (the attachment of a victim's photograph, etc., the diagnosis report on the victim, the verification of the scams of the victim, etc., the attachment of CCTV photographs, and hearing of the statements of

1. Application of Acts and subordinate statutes on site parking areas;

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same circumstances as the above);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to notify is issued;

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