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(영문) 서울서부지방법원 2013.04.25 2012고합489

강간상해

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 14:10 on September 17, 2012, the Defendant requested the Victim G (Woo and 52 years of age) to engage in a sexual intercourse, but the victim refused it, forced the victim to go off, forced the victim to go out of the bed, and followed the victim to go out of the bed, by putting the head debt up, and taken the victim back to the bed, and the victim escaped from the damaged toilet her face back to the bed and taken off the panty panty, by moving the victim back to the bed and taking back to the bed.

However, when the victim opens a visit and leads the victim of the escape from the corridor to the bed of the victim of the victim of the escape from the corridor, she was placed on the bed and raped on the bed. However, the victim tried to commit rape on the bed of the bed, but the victim was placed on the bed of the defendant and the escape of the defendant, and the victim was placed on the two parts, both upper parts, both sides, left-hands, both sides, left-hands, and the left-hand side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Investigation report (CCTV verification and investigation);

1. A written statement prepared by the defendant;

1. A medical certificate of injury to a G prepared by a medical doctor I, and medical records;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Judgment on the assertion of the accused and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument has long long long been in a so-called in-called insane relationship with the victim. The defendant entered the Felel in Eunpyeong-gu Seoul on the day of the instant case with the victim (hereinafter “the instant telecom”). However, under the influence of alcohol on the above telecom, the victim knew the victim’s husband of the non-humanity, and the victim conceals the fact of the non-humanity with the victim.