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(영문) 대구지방법원 2018.01.19 2017고합381
준유사강간치상
Text

A 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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of the personnel service team of the automobile parts company in the Gyeong-do, Gyeong-do, Gyeong-do, and the victim D (V, 18 years old) is the personnel service team of the above automobile parts company.

On July 1, 2017, the Defendant, at around 17:00, called “F restaurant” in E, took place with the victim, who is a personnel labor team, G and drink, and started drinking on the same day. On the same day, the Defendant, while not showing G around 20:30 on the same day, she taken the victim into the victim into the victim’s 203 room of the her motherel located in He.

At that time, the defendant put the defendant's fingers into a part of the victim's sound in a state of her resistance being unable to resist under the influence of alcohol in the room of 203 of the IMoel.

As a result, the defendant put a part of body such as fingers into the part of the injured person's sexual intercourse by taking advantage of the injured person's resistance impossible condition, and thereby, the defendant suffered approximately 2 weeks of water quality entrance (15m size) and the part (5m size and 2m size) in the boomer room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, J, and K;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as a statement of genetic emotions and replies;

1. Relevant Article of the Criminal Act and Articles 301, 299, and 297-2 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive against the Defendant who has registered personal information, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 43 of the same Act.

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