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(영문) 청주지방법원 제천지원 2015.07.17 2015고합31
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

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

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

At around 14:30 on May 19, 2015, the Defendant, at the time of the Defendant’s residence, Da, 2.202, Da, and 202, the Defendant: (a) took the Defendant’s home to work; (b) took the Defendant’s home in a small room; and (c) took the Defendant’s home to the victim’s home; and (d) took the victim’s chest back to the victim’s side; and (b) held the victim’s chest back to the victim’s body in a large and large manner; and (c) held the victim’s son and left hand to the victim’s son and panty with the Defendant’s left hand; and (d) held the victim’s son’s knee and knebbbbbb; and (e) held the victim out of the victim’s her panty with kne and knbbbbbbb, and held the victim’s knum.

As a result, the defendant raped the victim who is a relative of relatives, thereby resulting in the victim's suffering of her wife and her inception that needs to be treated for about three days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and E;

1. Application of Acts and subordinate statutes of criminal place, each investigation report, each video CD, each video recording CD, each photograph, passport copy, family relation certificate, family relation certificate of the Philippines, and marriage confirmation certificate of the Philippines;

1. Article 8 (2) and Article 5 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment (Optional to Imprisonment);

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) and the latter part of the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment,

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 49(1) of the Act on Special Cases concerning the Punishment,

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