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(영문) 대구지방법원 포항지원 2017.07.20 2017고합33
준유사강간
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

The Defendant, who was the dong-ri ship of the victim D (n, 18 years of age), was the victim of the victim D (n, 18 years of age), and became the victim of the victim on March 18, 2017, and became the F-MT in the north-gu E in the port of port.

피고인은 2017. 3. 19. 01:00 경 위 F 펜 션에서 함께 술을 마신 피해자가 술에 취해 잠든 틈을 타 피해자의 입술에 키스를 하고 피해자가 입고 있던 상의와 브래지어를 위로 올린 다음 오른쪽 젖꼭지에 키스를 하고, 오른손으로 피해자의 오른쪽 젖가슴을 수회 주무른 후 손가락을 피해 자의 성기에 수회 집어넣었다.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, D, H, I, and J;

1. Report on internal investigation (Attachment, etc. of photographing the damaged place), investigation report (a statement by victim D phone - A related to the perpetrator);

1. Application of each reply to each request for appraisal (2017-D-1613) statute;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of all the circumstances, including the Defendant’s age, family environment, social relationship, degree of recidivism, the degree of risk of recidivism, the benefits and preventive effect expected due to the instant disclosure disclosure disclosure disclosure disclosure disclosure disclosure notification order, disadvantages and side effects, etc., the Defendant’s registration of personal information and order alone can prevent recidivism.

The defendant's personal information may not be disclosed to the public.

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