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(영문) 서울서부지방법원 2018.05.03 2017고합399

강간치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On November 26, 2017, at around 21:30, the Defendant discovered the victim D (n, 29 years of age) coming from the front side of the Eunpyeong-gu Seoul E-Ba on the front side of the road, caused the Defendant’s desire to get access to the victim, and then, led the victim’s chest to the lower side of the vehicle parked in the above Bara parking lot by hand, leading the victim’s chest to the lower side of the vehicle, and then, “the liquor tax needs to be taken.”

사람 살려. ”라고 소리를 지르며 반항하는 피해자에게 “ 씨 발 년 아. 가만히 있어. ”라고 욕설을 하며 손으로 피해자의 입을 막고, 몸을 밀어 바닥에 넘어뜨리고 몸 위에 올라타는 등 폭행하여 피해자의 반항을 억압한 후 옷 위로 피해자의 음부를 만지고, 혀로 피해자의 얼굴을 핥는 등 간음하려고 하였으나 피해 자의 살려 달라는 소리를 들은 빌라 주민 성명 불상자가 “ 너 이 새끼! 어떤 새끼야! ”라고 소리를 지르자 간음에 이르지 못하고 현장에서 도주하였다.

As a result, the Defendant inflicted injury on the victim, which requires treatment for about 14 days, on the part of the fluoral base, the right-hand garment base, the influoral base, the influoral fluor, the multi-dluoral ty

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A criminal investigation report (to attach photographs toCCTV images and images) and a criminal investigation report (to hear statements from victims);

1. An explanatory note (a response to a request for appraisal by the National Institute of Scientific Investigation);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the parts and bodies of the person under consideration;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;

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;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.