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(영문) 서울남부지방법원 2017.11.30 2017고합355

상해등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 8, 2017, the Defendant intending to drink the victim D (one, two-five years of age) and alcohol in front of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, at around 00:23, at the same time.

During the process of vagabonds, the victim was able to take a bath from the victim, and the victim was fluored with his/her hair and face by breaking the floor, and the victim was fluored with the victim's hair and face for about two weeks, and the victim was fluort with the victim's eye and gluor around the snow.

2. The Defendant attempted to commit quasi-rape, at the above date, at the above time, and at the above place, in order to rape the victim D (the victim’s name, 25 years of age) who is in an impossible situation due to assault, and in order to engage in sexual intercourse by cutting his/her bell on the victim’s upper part and inserting his/her sexual organ into the victim’s negative part, and then inserting the victim’s sexual organ into the victim’s negative part, the Defendant was found to have been dispatched to the police officer upon receipt of a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of CCTV images and photographs to each Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 300, 299, 297 of the Criminal Act (the point of attempted quasi-rape) and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act (limited to the attempted quasi-rape in the judgment)

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed for the attempted quasi-rape with heavier punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The sentencing shall be taken into consideration in favor of the parties concerned);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment, and the instant crime cannot be deemed as a planned crime) are unspecified to the Defendant solely based on the content of the instant crime.