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(영문) 광주지방법원 2013.04.18 2013고합104

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On February 28, 2013, the Defendant: (a) around 00:01, at the main point of “E” operated by the victim D (n, 40 years of age) and the victim D (n, and 40 years of age); (b) at the toilet, the Defendant sent the victim with a view to reporting the victim and committing rape; (c) at the partitions where there is a base of male and female public toilets, the Defendant waiting the victim before the door; (d) sent the victim with a net hand in which the victim would open the door and open the door; and (d) pushed the victim into the door, and pushed the victim into the door, and carried the door into the door.

이어 피고인은 피해자의 바지를 벗기려 하였으나 피해자가 반항하자 피해자의 얼굴을 주먹으로 때리고 피해자의 머리를 그곳 벽에 찧고 피해자의 다리를 발로 걷어찬 다음, 다시 피해자의 바지를 벗기려 하였으나 계속하여 피해자가 반항하자 손으로 피해자의 가슴을 밀쳐 움직이지 못하게 하였다.

In addition, the defendant added his hand to the clothes of the victim, added his fingers into the part of the victim, added his fingers into the part of the victim, and added his fingers into the part of the victim's body, and said that "I am soon."

As the victim did not comply with this, the lender and the defendant flabed the victim's breath, and flabed the victim's breath, and fladdd the victim's face and double with his hand.

As a result, the Defendant attempted to rape the victim, but attempted to do so, and had the victim receive approximately two weeks of treatment in the process, such as ice scambling, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to each victim's photograph, diagnosis, and opinion;

1. Relevant legal provisions concerning facts constituting an offense, Articles 301, 300, and 297 of the Criminal Act;

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. Article 62 (1) of the Criminal Act;

1. Orders to provide community service or attend lectures;