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(영문) 울산지방법원 2018.10.11 2017고합387

강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant, upon the introduction of a person, sent the victim C(n, 48 years of age) to the defendant's home by making the victim C(n, 48 years of age) first meet and drinking the drinking together, and taking the victim's house into consideration.

On February 12, 2017, around 22:40, the Defendant: (a) prevented a victim who intends to get home from the Defendant’s house located on the third floor of the D building in Yangsan-si; (b) kneeps the victim into a household by putting the victim in a locking room; (c) lying the victim into a bed; (d) putting the victim into a bed; and (e) restrains the victim into a bed by scams on the part of the victim; and (e) thrown the victim into a bed by scams on the part of the victim; and (e) thrown away the victim by scam.

“In order to prevent the victim from resisting by threatening the victim, rapes the victim, and continuously led the victim at the same place on the same day on the same day, and prevented the victim from resisting the victim by threatening the victim, as above, at the same place on the same day, at the same time, and by preventing the victim from resisting the victim. As a result, the victim suffered injury to the scambling nature of face that requires treatment for about 14 days, such as the impairment of scam, spam, shoulder and scam of scam, scam and tensions of scams, and the left buckbucks, the right noise level.

Summary of Evidence

1. The defendant's legal statement (as at the seventh public trial date);

1. C Legal statement;

1. A medical certificate of injury (C) and its body photograph;

1. Application of Acts and subordinate statutes to each gene appraisal report, arrest report on occurrence of a case, each 112 report processing sheet, each 112 report processing result of polygraphs, investigation report (a summary report of the reporter C’s statement hearing), investigation report (a report of hearing the statements of the researcher of the National Institute of Scientific Investigation

1. Relevant Article of the Criminal Act, Articles 301 and 297 of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment for abandonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing);

1. The punishment of sexual assault crimes committed to attend lectures;