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(영문) 대구지방법원 2015.08.21 2015고합183

강간치상

Text

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

On February 24, 2015, at around 20:50 on February 24, 2015, the Defendant, at the defendant's house located in Daegu Northern-gu C, took the neck of the victim D (the 59 years of age) living together with his/her own hand, plucked up the victim's left arms, sucked down the victim's neck by suppressing the victim's resistance, was exempted from all the part of the victim's lower part, and knicked his/her finger and adult equipment into the part of the victim's sound and the part of the adult equipment, thereby committing rape, and thereby, the Defendant suffered a detailed schill of the victim for about 14 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Police seizure records;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles of the Criminal Act and Articles 301 and 297-2 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of a defendant who has registered personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in law;

2. The scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) [where the result of an injury occurs, the scope of the recommended punishment [the scope of the recommended punishment] and the scope of the mitigated area (two and a half years to six months) of types 2 (General Rape) [the persons under special circumstances] of the mitigated area (two and a half years to five years] of the age of 13 or older, or the increase in the sense of sexual humiliation or a extreme sexual humiliation

3. The accused who has rendered a sentence shall be a violent crime.