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(영문) 광주지방법원 2013.08.13 2013고합284

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On April 15, 2013, around 08:00, the Defendant entered the 505 room in Seo-gu, Seo-gu, Gwangju, where he talks about the victim E (the age of 23) who first became aware of in the same age club.

At this point, the defendant was placed on the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed.

Accordingly, the Defendant, on the floor of hand, expressed the victim’s attitude of her clothes, arms, and buckbucks that he had been able to see the victim’s body on several occasions, with the victim’s clock at three to four times, and the victim’s bucks and suckbucks, and continued to prevent the victim’s bucks from skeing off by hand, and had two sexual intercourses by inserting the Defendant’s sexual flag into the part of the victim’s buck, and thereby, caused the victim’s sexual intercourses by inserting the Defendant’s sexual organ into the part of the victim’s buck, which requires two weeks of treatment.

Accordingly, the defendant raped the victim and inflicted an injury on the victim during the process.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report (No. 6 No. 136);

1. Relevant legal provisions and Articles 301 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts;

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. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

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; Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.