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(영문) 대구지방법원 서부지원 2019.08.29 2019고합23
강간치상등
Text

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 five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 25 years of age) and the friendship that he became aware of from about six years prior to his age.

1. At around 00:30 on September 28, 2018, the Defendant: (a) under the influence of alcohol, was frightened within the Daegu-gu Cirel No. D; (b) the victim was able to take the head debt of the victim from the defect that he/she intends to go from the her inside the her motherel; (c) placed the victim’s arms in a forced place on the bend to the bend to the bend to the bend; and (d) put the victim into the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend; and (d) put the body of the victim into the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend; and (d) put the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant raped the victim, and caused the victim to suffer multiple scambling in need of treatment for about two weeks.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken photographs and videos of the victim’s body and rape using his mobile phone cameras, while rapeing the victim at the time and place indicated in the preceding paragraph, such as the time and place indicated in the preceding paragraph.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A gene appraisal report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing crimes;

1. Relevant legal provisions concerning criminal facts, Articles 301 and 297 of the Criminal Act’s choice of punishment, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (amended by Act No. 15977, Dec. 18, 201);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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