beta
(영문) 청주지방법원 2017.03.17 2017고합18

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 December 28, 2016, the Defendant returned home with the victim D(38 tax) and E, and the victim frighted away from the defendant's house living room located on the second floor of the building, and 03:00 on the same day 03:00 on the same day, the Defendant exceeded the part of the victim under the influence of alcohol in the defendant's house living room at the defendant's house, and put the victim's gender into the part of the victim's resistance with a correct fashion in the victim's resistance.

As a result, the defendant committed an act of inserting the body of the victim by using the victim's mental and physical loss condition, and thereby, he suffered injury to the victim during about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. An investigation report (in relation to a diagnosis report), a death diagnosis report, or an investigation report (in relation to a doctor who has issued a diagnosis report, hearing statements);

1. An investigation report (as to the contents of F dialogue), the application of the F message output statute;

1. Relevant Article of the Criminal Act and Articles 301, 299, and 297-2 of the Criminal Act concerning the selection of criminal facts;

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) 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 the disclosure order and the notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the primary offender, and the crime in this case is deemed to have been committed during the principal offense, and there is a habit for sexual assault in this case.

It is difficult to recognize the crime of this case. The crime of this case is not a sexual crime against many unspecified persons, and it is also effective to prevent recidivism only by registering personal information of the defendant and taking lectures to treat sexual assault.