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(영문) 전주지방법원 군산지원 2014.02.21 2014고합5

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 04:00 on November 2, 2013, the Defendant had sexual intercourse with the victim C (the 31 year old), a partner of the same company, who drinks alcoholic beverages with the victim C (the 31 year old), and the victim was unable to hold the body under the influence of alcohol, and the Defendant had sexual intercourse with the victim who was under the influence of alcohol by bringing the victim to the Defendant’s residence in the 103 place of residence in the Ysan-si Dum 103.

The Defendant is off the part of the victim’s lower judgment, and the victim’s shouldered was to commit suicide at the same time. In this case, the Defendant attempted to kill the victim’s sexual organ. However, the Defendant did not inserted his sexual organ into the victim’s sexual organ because it did not go out of the victim’s sexual organ, even though it did not go into the victim’s sexual organ.

As above, the Defendant attempted to rape the victim, but did not bring about such intent, and was placed in an attempted crime, and the Defendant suffered diversified scamblings, etc., which require approximately two weeks of treatment to the victim in the process.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 42(1) and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes (where a conviction is finalized on the crime of this case, which is a sex offense subject to registration) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where a conviction on the criminal facts of the accused against the order to disclose or notify the public, becomes final and conclusive, Articles 47(1) and 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.