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(영문) 광주지방법원 2015.05.18 2015고합82

강간상해

Text

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

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2014, the Defendant: (a) 00:30, the Victim’s body located in C in C in the Y-gun of 10:30, 2014 (the age of 65), knished the Victim’s resistance; (b) knished the Victim’s body; (c) panty off the Victim’s body; and (d) sexual intercourse after having sexual intercourse with the Victim, the Victim’s body was removed from the Victim; and (d) the Victim’s head, face, chest, chest, etc. was prevented any longer from doing sexual intercourse by taking the Victim’s body from the Victim’s body at hand; and (d) taken the Victim’s body head, chest, breast, etc. at a flood time using the Victim’s body at hand, taken part of the Victim’s body, “this juth juth juth juth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made by the assistant judicial police officer in relation to the statement of the victim (one and two times) that fit the statement;

1. Each description in line with the part and degree of the injury in the judgment, among the written diagnosis of the injury to the victim prepared by the doctor D, and the written opinion on the victim prepared by the doctor E;

1. Application of respective visual Acts and subordinate statutes corresponding to a photographs of damage;

1. Articles 301 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following circumstances favorable to the sentencing shall be considered);

1. Article 62(1) of the suspended execution of the Criminal Act provides that the Defendant committed the instant crime against a victim who gets dead or wounded for three years contingent, and it is difficult to readily conclude that the Defendant has no record of punishment for the crime, and thus, there is a risk of recommitting the crime. The Defendant is a health condition, such as a disease under the age of 71 with an old pneumoconiosis, and a person is not able to return home well.