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(영문) 의정부지방법원 고양지원 2016.05.20 2016고합26

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

Reasons

Punishment of the crime

At around 06:00 on November 12, 2015, the Defendant, at the main point of the “D” located in the Gyeonggi-gu Gyeonggi-gu, U.S., U.S., Gyeonggi-gu, U.S., the Defendant: (a) called “one defect”; (b) however, the Defendant, at around one year prior to the game run by the Defendant, told the victim E (the 46-year old-old-old-old-gu), who was a customer, who was aware of the fact that he refused to commit rape; and (c) led the victim to the threat of his resistance by saving the victim with his hand.

Although the Defendant continued to rape the clothes of a dead victim with tear, the Defendant resisted the body of the victim, but the victim, who fested the mind, resisted the wind, and escaped out of the above main point, did not bring about the wind, and thereby, sustained injury to the victim, such as the impairment of the character of head and the strawing of other head parts, which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written complaint filed for the preparation of E;

1. A death diagnosis certificate or CCTV-recording product CD;

1. Application of Acts and subordinate statutes to each investigation report (each visit and investigation, confirmation of the degree of damage inflicted on the victim, and submission of written confirmation of victim access);

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

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) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (the fact that the defendant has agreed with the victim, and in this case, the personal information and lectures in the treatment of sexual assault can prevent the defendant from repeating the crime even if the defendant has reached an agreement with the victim;

Comprehensively taking account of various circumstances, such as the fact that it appears.