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(영문) 대구지방법원 2020.05.15 2020고합57
준강간
Text

Defendant shall be punished by imprisonment for a term of one year 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

around 04:00 on August 15, 2019, the Defendant d'C' operated by the Defendant in Daegu Northern-gu B, and d'(the age of 23). The Defendant d's d', an employee, d'(the age of 23) d'. The Defendant d's d', due to excessive drinking, d's d' and d'd' d'e d'e d'. The Defendant d

The Defendant, who was living together with the Defendant, had sexual intercourse with the Defendant by taking advantage of the victim’s mental or physical condition in the middle-gu E-building F, Daegu, North Korea, which is the Defendant’s dwelling place, from the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to internal investigation reports (including Nos. 18, accompanying documents), investigation reports (including No. 23, 31, and accompanying documents) and accompanying documents;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 notify information, 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 fact that the defendant has no criminal record of a sexual crime, the fact that the registration of personal information and the taking courses for the treatment of sexual assault can give a certain degree of effect to prevent recidivism, and the defendant's age, occupation, family, family environment, social relationship, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to such order, and the preventive effect of a sexual crime that can be achieved therefrom are comprehensively taken into account;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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