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(영문) 수원지방법원 성남지원 2015.06.11 2015고합44

강간치상

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

When the defendant sees the victim D (at 24 years of age) who was under the influence of mast and walking along a taxi while getting on and off a taxi, he she gets raped and followed the victim after getting on the taxi.

The Defendant written indictment on February 25, 2015 is written on February 14, 2015. However, in light of evidence, such as the victim’s statement, the Defendant is correct because it is obvious that it is a clerical error and does not cause any disadvantage to the Defendant’s right of defense.

At around 23:50, at the front of the victim's port in Gwangju City E-si, the victim's shoulder was cut down in a canter with both hands, and the victim's shoulder was prevented from getting out on the bridge of the victim, and the victim was forced to talk with the victim's sound, and the victim was forced to talk with her hands. However, the victim was not able to resist with the wind to resist with the bruth of the bruth and the victim's resistance. In the process of suppressing the victim's resistance, the victim was able to recover for about four weeks for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of site, photographs of the injured part of a victim, and on-site CCTVs;

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 (The following consideration shall be made again for the reason of sentencing);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The sentencing criteria shall be based on; and