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(영문) 대전지방법원 천안지원 2017.11.29 2017고합220

강간상해

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was a victim D (the family name, the female, the age of 34) and the past relationship.

On July 30, 2017, the Defendant, at around 00:35, at the victim D’s residence located in Seo-gu, Seo-gu, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City on July 30, 2017, should “one time with the death of the today’s width” to the victim who was under influence of alcohol.

"........... the son and bridge can not move the son's arms and legs with the son and bridge, and the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Then, the Defendant sought to insert his sexual organ into the victim’s sound book, but the victim failed to satisfy and inserting his sexual organ into the victim’s sound book.

As a result, the Defendant attempted to rape the victim, but attempted to do so, and inflicted bodily injury on the victim, such as a wooden part, the upper part, the right completion part, the left buckbucks, and the handbuck sprinks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A body of the victim's body, his/her body photograph, body photograph, injury diagnosis report, and gene appraisal report generated by the victim's body;

1. Investigation report (No. 1 No. Serial of the evidence list);

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 2, No. 3)

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors of sentencing have been repeatedly considered as favorable factors of sentencing);

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

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