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(영문) 대구지방법원 2014.05.16 2013고합438
유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, at around 05:00 on August 2, 2013, at the Defendant’s room located in Daegu Dong-gu Croud 202, she performed drinking such as the victim D (Inn, 19 years of age) who had long been fluened by the Defendant, and her fingerd after drinking the victim’s chest by hand by using the cresh in which the victim was locked, and her fingerd again, carried the bro of the victim who was locked back by hand, and her chest back the victim’s breast, pushed the victim into her arms, and pushed the victim into her arms, and pushed the victim’s breast, and pushed the victim into her arms, and pushed the victim into her body, even if she left at the lower port, she was divided into his body, sealed the victim’s resistance, fasted the chest, she was off the victim, and she was raped by the victim’s finger.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

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. Determination on the assertion by the Defendant and defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to

1. The summary of the argument is that the defendant was frightened by the victim's chest, and was frightened by the victim, but there was no assault or intimidation.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court: ① The victim, from the investigative agency to the court, had “the Defendant off his clothes to the victim, and, even though the Defendant was said to be “the victim’s satisf,” the victim’s arms and legs could not be separated into the victim’s arms and legs, and the victim’s chests and fingers were stored in the victim’s chests.

“A victim” is called “A victim.”

p. Rape:

".......... the defendant was the defendant and the resistance was made.

“In this case.”

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