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(영문) 대구지방법원 서부지원 2018.06.21 2018고합63
강간
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

The defendant and the victim D(n, 28 years old) are the corporate volunteer fees working in F Co., Ltd. in Daegu Jung-gu E.

On November 10, 2017, the Defendant drinking alcohol together with the victim and G around the aftermath of November 10.

Then, on November 1, 199, the following day, the Defendant found the victim who was drunk after completing a drinking place around the new wall and found the booming female and used the gap in which G was frighted to rape the female and used the gap in which G was frighted, “I am mixed upon entering the house in this state, and I am a person entering the frightel in this state.”

“To enter into the telecom and to the telecom.”

No. 30

On November 11, 2017, from around 02:16 to the same day 03:24 on the same day, the Defendant: (a) within 307 Iel located in Daegu Seo-gu, Seo-gu, the Defendant: (b) “The Defendant is going to know about whether he is a cleaning agent; and (c) the Defendant will do so.

“At the end, the son was forced to be off of his clothes, but the son was forced to go beyond her be on the part of the victim during his resistance.”

Then, the Defendant exceeded the clothes of his female on the part of the victim, but resisted against the victim, and caused the victim to lose his face, thereby suppressing the victim's resistance, and sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs of victims and CCTV screen-fashion;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

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 notify disclosure, and the protection of children and juveniles against sexual abuse.

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