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(영문) 광주지방법원 순천지원 2016.06.02 2016고합55
강간치상
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 5, 2016, the Defendant visited the beauty room of the victim D (the 37 years of age) operated in Macheon-si, 17:20 on April 5, 2016, in order to rape the victim while visiting the beauty room of head hand.

The Defendant received head hand and boomed in a toilet, and thereby prevents the victim from changing the toilet.

“Along with the victim’s false words, the victim was induced to a toilet, and then the victim was followed by the victim, and the victim’s neck was cut back from the rear side of the victim’s arms, and the victim was killed without being melted.

“The victim was unable to resist against the victim”.

Since then, the Defendant, under the influence of the victim’s neck, moved the victim into the warehouse next to the toilet, laid the victim on the floor, forced off the victim’s panty and panty, she sexual intercourse with the victim once, rapes the victim, and thereby, suffered injury to the victim, such as salt, tensions, etc. of the bones of neck, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Diagnosis certificates and photographs of the upper part of the medical institution;

1. Application of Acts and subordinate statutes governing field photographs;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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

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

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be at least 13 years of age and shall be at least 2 years of age (the general rape).

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