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(영문) 전주지방법원 남원지원 2015.05.28 2015고합4

강간치상등

Text

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

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

Reasons

Punishment of the crime

On December 2, 2014, at around 22:06, the Defendant discovered the victim C, who was married in front of the male viewing line in front of the male viewing line, and tried to rape the said victim. However, the victim’s disturbance, which led to the escape of the victim after going through the escape of the victim, went beyond the victim’s body, and kidsing the victim’s body in front of the victim’s body. While the victim got out of the victim’s body, the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommending punishment according to the sentencing guidelines: In the event that the result of an injury occurs in the course of committing a sex offense, general rape (special rape) (special rape) is committed, even though the result of the injury occurred, where the basic crime is attempted, minor injury [the scope of recommending punishment] mitigation area: One year and three months from three months to five years (the lowest limit shall be mitigated by 1/2 since two special mitigation persons exist). However, the lowest limit of recommending punishment is set.