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(영문) 의정부지방법원 2012.11.09 2012고합447
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Around 03:00 on June 8, 2012, the Defendant tried to rape the victim by assaulting the victim’s trees by breaking, breaking, breaking, selling, selling, selling, etc. the victim’s neck 2 and 1, which is the workplace of the victim D (the 26-year-old age), with the Defendant’s sexual intercourse F, the victim, and E, who was under the influence of alcohol at the inside and outside of the inside of the facility, with the Defendant’s desire to take a prompt look at the victim’s body by putting the victim’s body away from all of his clothes, making the victim’s body away from the inside of the facility, and making the victim’s body away from the wall that he was suffering, and resisting the victim’s body, and harming the victim’s resistance. However, the Defendant attempted to rape the victim without hearing the victim’s secret.

In the process, the defendant injured the victim of approximately 14 days of treatment, such as salt pansty, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 301 and 297 of the Criminal Act applicable to the crimes;

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

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Sexual Crimes;

1. Scope of punishment by law: From two years and six months to not more than fifteen years;

2. The range of recommended sentences according to the sentencing guidelines [the determination of a sentence], the group of sex crimes, and the result of bodily injury, and the mitigation factors of types 2 (General Rape): the occurrence of the result of bodily injury, but if the basic crime was committed in attempted crimes, it shall be sentenced to imprisonment with prison labor for a year and 1 March.

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