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(영문) 대구지방법원 김천지원 2018.02.13 2017고합109
준유사강간등
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. A quasi-Rape: (a) around 23:00 on May 19, 2017, at the Defendant’s residence located in Kimcheon-si, Kimcheon-si, divided the victim D (n, 23 years of age) and drinking, and the victim was unable to hold his body under the influence of alcohol, the Defendant used it to have sexual intercourse with the victim; (b) was able to have sexual intercourse with the victim by using it; (c) was frighten from the back of the victim, coming from the door to the door for returning home to the victim; and (d) led the victim to the kick and panty of the victim, taken the victim’s chest, knick and panty, knick, knick, and knicked the victim’s chest, knick, knick, and knick into the part of the victim’s drinking part.

Accordingly, the defendant, using the victim's mental or physical loss or the state of impossibility of resistance, included his fingers in the victim's sexual organ and rape.

2. The Defendant, at the time and place specified in paragraph 1, taken pictures of the victim’s body against the victim’s will, by photographing the victim’s cell phone with his/her her mack function with his/her mack, while rapeing by taking advantage of the victim’s unbreath’s body, and taking four copies of his/her macker and macker photograph, which might cause sexual humiliation or shame.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of the defendant;

1. Report of internal investigation (as to the contents of the victim D's currency)

1. Application of investigation reports (in relation to attaching on-site photographs, as to attaching CCTV photographs to suspect and complainants, as to attaching CCTV photographs to officetels living in suspect, as to attaching CCTV images), on-site photographs, CCTV images, CCTV photographs, and CCTV video CDs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act (a point of similar rape) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing a camera and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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