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(영문) 대구지방법원 2019.02.15 2018고합126
준강간등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Quasi-rape and the victim B (the victim of 19 years of age was F.I.D. at the time of the instant case. It is clear that the “18 years of age” originally described is a clerical error in writing.) was a person who was working at a C agency and was at the C agency on September 27, 2017, at the staff meeting held in the “E restaurant” located in Daegu Northern-gu, Daegu, North Korea.

At the time of the completion of the foregoing ceremony, the Defendant discovered a drunk victim and taken care of him/her in his/her house, and went back to the G of Daegu-gu as “H” telecom I.

At around 00:20 on September 28, 2017, the Defendant exceeded all the clothes of the victim under the influence of alcohol, and was in sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s drinking.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant, at the request of the Defendant, demanded the police to revoke the report of defects on rape damage as described in paragraph (1), and the victim was staying in the “K hotel” in the Daegu-guJ to revoke the report.

피고인은 2017. 10. 3. 05:00경 피해자가 머물고 있는 위 호텔 객실에 찾아가, 가운만 걸친 채로 피해자에게 “한 번 할까”라고 말하고, 피해자의 옆에 앉아 피해자의 손을 가운 안으로 잡아 당겨 피고인의 성기에 갖다 댔다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness to the prosecution concerning B - One answer-type;

1. A gene appraisal report;

1. Report on internal investigation (Attachment of field photographs and CCTV images), receipt for payment of telecom, and photograph of the place of crime;

1. Investigation report (Attachment of a photograph to the H’s CCTV images) and a photograph to the CCTV images;

1. Each investigation report and telephone communications by witnesses - sexual assault victims;

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