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(영문) 서울서부지방법원 2013.10.31 2013고합245

강간치상

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 07:30 on December 5, 2012, the Defendant: (a) accessed the victim E (the age of 32) who was mixed with drinking alcohol, divided into talks; (b) had a mind to rape the victim while drinking alcohol; and (c) had the victim aware of the her own F car and induced the victim at his own house located in Yongsan-gu Seoul Metropolitan Government, with his own house located in Yongsan-gu, Seoul.

In order to rape the victim, the defendant forced the victim to be exempted from the clothes of the victim, and the victim resisted against the victim, once with the victim's scam, once with the victim's scam, three times with the victim's body, and not resisting the victim by dividing the victim's body, and then, the victim has sexual intercourse once, two times more, and the victim has sexual intercourse with each other, and the victim has sexual intercourse with each other on the right side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of suspect as to H prepared by the police;

1. Each investigation report (in relation to H counterpart investigation, suspect's residence investigation, attachment to a vehicle number tag, etc. prepared by the victim, arrest, and the date of occurrence of principal case in both weeks);

1. Each request for appraisal;

1. 112 Reporting case handling table; and

1. Application of statutes on photographs of damage;

1. Relevant Articles of the Criminal Act and Articles 301 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) before order to complete a program;

4. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.