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(영문) 대구지방법원 안동지원 2018.09.06 2018고합18
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a male-friendly Gu in B, and the victim C (the family name, the female, the age of 21) is a birth district in B.

On September 16, 2017, from around 19:00 to around 00:30 the following day, the Defendant sent alcoholic beverages at the Defendant’s home located in Ansan-si D with B and the victim and sent alcoholic beverages to singing, and then returned to the Defendant on September 17, 2017.

At the inside of the defendant and B, the victim was sleeped in the clothes.

At around 01:00 on the same day, the Defendant entered the clothes in which the victim is a mixed person by breaking a cres in B, and the victim is left from the locked, and the victim is changed to her head.

In order to ask “B”, “I have confirmed that B was also a defect once.”

It is so called the victim "(s)".

It has been about to do so.

It has been playing.

Despite the phrase “B”, the Defendant was defective as confidential to B. B’s abnormal punishment will collapse.

The victim's two descendants shall be kept confidential and shall be raised up to the body of the victim, while the victim's body shall be kept confidential.

After that, the Defendant, by using the body and perfectness, carried the body of the victim who runs the bruths while driving the bruths, sealed the victim's hand on the floor, etc., made it considerably difficult to resist the victim's resistance, exceeded the victim's lower part, and added the Defendant's sexual organ into the part of the victim's sound.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Application of the Acts and subordinate statutes governing photographs and on-site photographs after the closure of the contents of a conversation divided by each suspect and B and the victim divided by the victim;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. The main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 defendant shall be punished as a sex offense.

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