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(영문) 대구지방법원 2014.11.14 2014고합386
준유사강간등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the main point of "D' in Daegu Northern-gu C'D', the Defendant first becomes aware of the victim F (n, 19 years of age) by drinking friendship E and drinking, and introducing E.

1. At around 03:00 on June 14, 2014, the Defendant: (a) provided that the victim would only withdrawe E take care of the victim; and (b) boarded the taxi along with the victim.

On the back of the taxi, the defendant was seated with the victim so that the victim can have his/her sexual organ known with him/her, and was laid in the victim's sexual organ.

Accordingly, the defendant put the defendant's sexual organ into the mouth of the victim who is in a state of difficulty in drinking.

2. The Defendant, at the bus stops in eachcheon High School, which is located in Taecheon-gu, Daegu-dong, Taedong-dong, brought the Defendant’s sexual organ into the Defendant’s kne, kneeing the knee, knee, and knee, kneeing the Defendant’s sexual organ in the victim’s entrance.

Accordingly, the defendant put the defendant's sexual organ into the mouth of the victim who is in a state of difficulty in drinking.

3. On June 14, 2014, at around 03:30, the Defendant: (a) drunk from the stairs of nine-story, nine-story apartment building G, Daegu Northern-dong, Daegu Northern-dong, G, 101, the Defendant 101-dong apartment house; (b) discharged the victim’s her sexual organ from the victim’s sound part; and (c) inserted his sexual organ into the victim’s sound part.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of difficulty in drinking.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed for the severe punishment);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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