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(영문) 대구지방법원 포항지원 2019.07.11 2018고합115
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 23) are between the Department of Law of C University and the latter.

At around 04:00 on May 14, 2018, the Defendant, at the port of north-gu, 04:0, sent alcohol to the victim’s residence located in North-gu, North Korea, after drinking with the victim, was locked, and was locked on the victim’s chest.

While the Defendant was committing an act of self-defense in a state where he was living together with the victim, etc., he was found to have her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the left her her her her her her her her her her her her her her her her her part

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. A complaint;

1. An investigation report (related to the attachment of a written request for appraisal), each request for appraisal, each gene appraisal report, and an investigation report (related to the attachment of a written request for appraisal with the State and the relevant report on appraisal);

1. Application of Acts and subordinate statutes to a recording book, E dialogue content, and a certificate of medical records;

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

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

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 instant sexual crime is not a crime against an unspecified person; and the Defendant’s age, occupation, family environment, social relationship, and the degree of risk of repeating a crime, which is recognized as recorded, including the fact that the instant sexual crime

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