강간
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On March 20, 2013, the Defendant singing and playing together with friendships at any singing room.
During the period of coming out of and going through a way, the victim C (the 22 years of age) called “Maererer,” and kiding the victim with the desire to commit rape in the Mosel, “to talk with the Mosel,” and kiding the victim to enter the Masel with the victim who believed it to be true.
On March 21, 2013, at around 00:00, the Defendant forced the victim to take her grandchildren, placed on the bed, tightly tights, opened the victim’s hand, obstructed the victim’s knife by dividing the two knife of the victim’s hand into arms, prevented the victim’s two knife from leaving the knife, and prevented the victim’s two knife from leaving the knife on his knife by suppressing the victim’s knife to the knife, and rape the victim by having sexual intercourse once.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,
1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the victim suffered a big mental suffering due to the instant crime, and that the victim wants to punish the defendant.
On the other hand, the fact that the defendant is the first offender, and all of the crimes of this case are led to confessions and reflects are favorable to the defendant.
Accordingly, this case's age, character and conduct, environment, and circumstances after crimes, etc.