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(영문) 수원지방법원 안산지원 2017.06.23 2017고합42

강간상해

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2016, at around 21:00, the Defendant: (a) provided a bridge with F, a type of E, the Defendant’s E, at the main point of “E” located in Sinsi-si, Sinsi-si; (b) provided a flab with F, a type of E, and (c) provided a flabed victim G (V, 23 years of age); and (d) provided a flab with the Defendant, on November 9, 2016, the Defendant moved the flab to the head of H-Wed car operated by the Defendant and moved the flab near I.

After parking at the same place, the Defendant suck back the chief of the victim to rape the victim, and sweet the victim's face and sweet the clothes, and sweet the victim's face and sweet the victim's face, and the Defendant's sweet the victim's sweet with hand without disregarding the victim's request.

Then, the defendant is off the clothes of the victim

In the process of coercioning the victim to engage in sexual intercourse, the victim tried to have sexual intercourse, but the victim was forced to get off his clothes and opened the door and the escape was attempted to have the wind, and in the process, the victim was spawn and spats and spawns in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement concerning G and F;

1. Each investigation report (No. 7,9,17,25 No. 5 of the evidence list);

1. A CD and a transcript of a video file of a black file in the vehicle under his/her control;

1. An injury diagnosis certificate (G);

1. Application of Acts and subordinate statutes to photographs of intensitys and parking lots near the place of crime;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 47(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse shall be exempted from an order for disclosure and notification;