beta
(영문) 수원지방법원 2012.10.31 2012고합769

강간치상

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 08:00 on April 14, 2012, the Defendant drinked three alcohols, including the victim D (n, 17 years of age) and 605 at Suwon-si, Suwon-si, Suwon-si, with three parallels other than the victim, where the victim excluding the victim left a room to commit rape with the victim, and where the victim was her body, the victim was her part of the body and panty of the victim who was her part of the bed her part of the bed her part of the bed her part and forced the victim to her the victim's bridge with another hand, and forced the victim's bed against the victim's resistance, and then sexual intercourse once with the victim, thereby causing injury to the victim, such as undermining the victim's treatment days, her left part of the arms and her part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to recognition reports, generation reports (general), written confirmations of diagnosis and treatment, investigation reports (as to attachment of photographs of victims), victim photographs, victim photographs, criminal investigation reports, accusation reports, investigation reports, investigation reports (specific suspect), communication data, resident registration image photographs, and investigation reports (as to attachment of medical records by victims);

1. Relevant Articles of the Criminal Act and Articles 301 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 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for not less than two years and not more than 6 months but not more than 15 years;

2. The application of the sentencing guidelines [the type of crime] group, the result of a sex crime group, the injury to be older than 13, the injury to be older than 13, and the minor injury (the scope of recommendations] in the area of mitigation of punishment (the scope of recommendations) shall be from 2 years and 6 months to 5 years.