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(영문) 대구지방법원 김천지원 2018.08.28 2018고합14
준강간등
Text

The punishment of the accused shall be three years of imprisonment.

The defendant is a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

1. On January 28, 2018, from around 02:26 to around 04:13, the Defendant committed an indecent act by force in the instant singing practice place in Kimcheon-si, Kimcheon-si, with the Defendant’s his/her his/her his/her his/her father, D and D’s victims E (tentative name, leisure, 18 years of age) and singing together. The Defendant committed an indecent act by force by forcing the Defendant to sit near the Defendant to the extent that the Defendant’s bucks and buckbucks of the victim are contacted.

2. From around 05:30 on January 28, 2018 to around 07:00, the Defendant: (a) deemed that the said victim was drunk at the Defendant’s residence located in Kimcheon-si F; and (b) took care of the victim’s chest into the victim’s clothes; (c) taken the victim’s chest into the victim’s clothes; (d) taken the victim’s chest into custody; (e) taken the victim’s fingers into the victim’s clothes; and (e) took out the victim’s bar and clothes; and (e) had sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. A protocol concerning the examination of the suspect by the prosecution or the police against the defendant;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to report on investigation (to attach a counsel's written opinion, etc. and hear victim telephone statements);

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense, and Article 298 of the Criminal Act concerning the choice of punishment (the point of forced indecent act and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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 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 Juveniles from Sexual Abuse [the defendant's age, family environment shown in the record]

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