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(영문) 대구지방법원 2018.02.09 2017고합564
유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2017, at around 02:30 on August 5, 2017, the Defendant was in line with the Victim F (F, 26 years of age) working in the “E main shop” located in the Seo-gu Seoul metropolitan area D, Daegu metropolitan area. From around 06:00 on the same day, the Defendant was in line with the Victim F (F, 26 years of age). From around 06:50 on the same day, the Defendant was in line with the Victim F, and was in line with the Defendant’s passenger car.

Although the Defendant stated to the effect that “the Defendant was “a person who is unable to drive, thereby going to do so,” the Defendant rejected it, and the victim’s refusal to do so, the Defendant divided the victim’s shoulder with his hand, suppressions the victim’s resistance, and bucks down the victim’s bucks and bucks into the victim’s sexual flag, thereby inserting his fingers into the victim’s sexual flag. The Defendant repeated several times for the last day.

As a result, the defendant included his fingers in the victim's sexual intercourse and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Videos carried by the victim;

1. Each investigation report (in compliance with the Act and subordinate statutes, attached as a result of a request for appraisal of the victim at the time of committing the crime, whether the victim's appraisal is detected DNA and the suspect DNA are consistent with the Act and subordinate statutes);

1. Relevant Article 297-2 of the Criminal Act concerning 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

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. In light of 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 notify information, 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 first offender is the defendant, and the defendant is recognized as committing a crime and is against the defendant’s obligation to treat sexual assault.

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