logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.08.13 2020고합38
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 9, 2019, the Defendant returned to the victim B (n, 25 years of age) and C, who became aware of through the open hosting of the Kakakakakaotho on the same day, and C was able to drink the alcohol first, and the Defendant was able to drink the alcohol under the name of the victim who was drunk, and was able to do so at the Doo government.

around 02:05-08:00 on August 10, 2019, the Defendant exceeded the clothes of the victim under the influence of alcohol, and sexual intercourse against the victim’s will.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each police station and each prosecutor's protocol of examination of the accused;

1. The police statement concerning B;

1. The accusation book, the victim's photographic data, the victim's photographic data, the victim's photographic data, the victim's presentation of the card, the victim's photographic data, the victim's presentation of the card, the victim's photographic data, the victim's photographic data, the contents of CCTV conversations and text messages sent to the victim, the victim's presentation of the data, the victim's and the suspect's photographic data, the photographic data of the victim's conversations between the suspect and the victim in the Kakakao Akaoxo Organization, the suspect's recent telephone list photographic data, receipt, CCTV photograph photograph, photograph photograph, image photograph, each statement of request for appraisal, each legal assessment document, each gene assessment document, the appraisal request book (2019-H-18108), the victim's presentation of the card, the victim's CCTV image image, the victim's conversation and video file, the victim's presentation of the victim's and the victim's diagnosis file, the victim's diagnosis report and statement, the victim's and the victim's diagnosis report;

1. Application of Acts and subordinate statutes to investigative reports (to attach a recording file to victims);

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

arrow