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(영문) 서울북부지방법원 2012.07.13 2012고합187

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

A defendant shall be punished by imprisonment for five years.

In 2012, one Seoul Northern District Prosecutors' Office, which has been seized, is pressured by 2012.

Reasons

Punishment of the crime

On April 28, 2012, at night, the Defendant served in the Down-gu Seoul Central Government, Jung-gu, Seoul, with the victim E (the victim E, 51 years of age) and the Defendant served together with the Defendant’s house through a singing room.

On April 29, 2012, at around 02:40, the Defendant, at the Defendant’s house located in the Seoul Western-gu Seoul Central Government, drinked the Victim with the Victim while drinking alcohol together with the Victim, took off the Victim’s clothes, and imprisoned the Victim’s sexual organ by force and inserting the Victim’s sexual organ into the part of the Victim’s drinking.

However, when the defendant was unable to properly sexual intercourse because the defendant's sexual organ was not properly created, the defendant tried to place the victim on the spot and continue to have sexual intercourse, but the victim was "the victim must go to his house", the victim was pushed the defendant, the defect of the resistance against the defendant, the fact that the defendant was sealed, and the fact that the defendant was a deadly weapon that was in a way to file a chemical accident, and the victim was threatened with the victim, thereby re-Rape the victim.

Nevertheless, the victim's defect in resistance and the defendant continued to gather plastic booms in a way that the victim gets off the victim's face, and put about about two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. A report on investigation (to listen to telephone related to a victim);

1. Ratification (Attachment of a medical certificate by a victim);

1. A complaint;

1. Application of Acts and subordinate statutes to photographs of each on-site, photographs of damaged victims, and photographs of seized articles;

1. Relevant Articles 8 (1) and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Punishment of sexual assault crimes committed to order;