beta
(영문) 대구지방법원 2014.02.14 2013고합530

강간상해

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on August 21, 2013, the Defendant tried to engage in sexual intercourse with the Defendant’s house located in Yongcheon-si C and Adong 3, taking advantage of the victim’s D (n, 43 years of age), and divided talks at the same place, but the victim resisted against the victim, making the victim unable to resist the victim’s right part at one time to the right part of the victim’s drinking, thereby inserting the Defendant’s sexual organ into the part of the victim’s drinking.

In the end, the defendant raped the victim, and thereby caused the victim's injury to the cage 8 cage cages that require approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of the victim against D, E, and F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under 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

However, considering the fact that the defendant has no criminal history of the same kind of crime, relationship with the victim, agreement with the victim, etc., it is difficult to readily conclude that the defendant has a risk of re-offending. In addition, considering the defendant's age, occupation, circumstances of the crime of this case, disclosure order or notification order, the defendant's personal information should not be disclosed to the public, in full view of the defendant's disadvantage and anticipated side effects.