logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.01.26 2015고합116
유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is a person who works as a shop in the D cafeteria located in the Gu, American, and the victim E (20) is a person who reported an interview to the defendant on August 1, 2015 and decided to work as an employee of the above cafeteria from August 5, 2015.

On August 4, 2015, in order to store friendship with the victim at around 22:00, the Defendant, along with his son and the victim, drinked from around 06:40 on the following day, and went to sleep with the victim by the Defendant’s house No. 104, 1406, old-si apartment 1406 on the following day.

On August 5, 2015, at around 07:00, the Defendant used the victim's chest with his her son who was living at the lower part of the Defendant's house to sleep, and informed the victim that she was not locked by her hand with her hand, and then notified the victim that she was not locked by her hand, the Defendant was able to bring the victim's her leg up on the part of the victim's knife of the defect so that she could not come up with her her leg by her leg, and she would be faced with the victim's leg, and she was laid up with the victim's leg by her knife and her knife the victim's leg, and put the knife into the resistance of the victim.

Accordingly, the defendant committed indecent acts against the victim by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report (the same criminal suspect A DNA according to the results of genetic appraisal);

1. Application of the statutes of the response request for appraisal;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 49(1)2 of the Act on the Protection of Juveniles from Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1)2 of the Act on the Protection of Children and Juveniles from Sexual Abuse, the Defendant’s mistake is against himself/herself, and the Defendant is somewhat locked after drinking the victim.

arrow