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(영문) 대구지방법원 2015.11.20 2015고합401

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

around 01:00 on August 25, 2015, the Defendant d'E’ operated by the victim D (n, 62 years of age) in Gumi-si, Sinsi-si (hereinafter referred to as “E”), d'E, the main son, d', drinking alcohol together with F.

After that, F returned home with drinking, but the Defendant did not return home, and the victim confirmed the address of the Defendant, and the victim did not keep a distance from the direction of the victim's house to the point of view.

At around 02:00 on the same day, the Defendant: (a) led the victim to stop the vehicle, “I have been in the house” and (b) prevented the vehicle from leaving the vehicle by reducing the keys of the vehicle.

The defendant, while putting the victim at a bath, "a singing off, sing off, dead, or discarded," and preventing the victim from resisting the victim's face by tearing, drinking, and drinking, and attempted to rape the victim. However, the victim, who was frighted, did not escape from a car, was unable to achieve that intent.

As a result, the defendant tried to rape the victim and tried to commit rape, and in the process, the victim was scambling and scambling the victim in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Investigation reports (such as photographs, etc. of victims, photographs, etc. of the victim's body and diagnosis reports, etc.) and the application of the statutes governing accompanying materials;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

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 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;