beta
(영문) 광주지방법원 목포지원 2014.05.15 2014고합12

강간

Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Since about four years ago, the Defendant was employed as DPpacters C, and became aware of the Victim F (L, 19 years of age) of E, who was a son, and his female friendly job offers.

At around 22:00 on November 26, 2013, the Defendant: (a) thought that the Defendant was frighten in the alcohol house near the Peace Span; (b) drinked with the victim, H, and I, and sent H and I first on November 27, 2013; and (c) moved a taxi to the Defendant’s residence of the Defendant, at around 02:10 on the same day, who was under the influence of alcohol, was frightened with the victim, H, and I; (d) sent H and I first on November 27, 2013; and (e) moved a taxi to the Defendant’s residence, at around 02:10 on the same day.

In the above residence, the Defendant: (a) was placed on the part of the Defendant, who was in charge of the Defendant’s walling and other belongings, intending to dry away from the victim’s arms; and (b) was unable to move into the part of the victim’s body by dividing the defects that the victim attempted to break out from the bed; and (c) the victim’s body was divided into the victim’s upper part of the body.

The Defendant continued to cut off the victim's body by hand, brought the victim's chest into the victim's entrance, knife the victim's chest by her hand, and her chestd the victim's chest by her hand, did not want to do so, and led the victim to her body several times and resisting the defendant's face by drinking, and led the victim to sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 297 of the Criminal Act applicable to the crimes;

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) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished as a sexual crime, and the same shall apply;