logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.06.12 2015고합113
강간치상
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2014, at around 03:00, the Defendant inducedd the victim C (the 20-year-old age-old) who was aware of a usual sense of view to get off the victim’s cell phone after drinking alcohol and making a telephone to the victim C (the 20-year-old age-old) and then getting off the victim’s cell phone, and had the victim’s cell phone to get off the victim’s cell phone, and led the Defendant to the “Egra” rooftop.

At around 05:50 on the same day, the Defendant: (a) demanded the victim to have sexual intercourse on the rooftop; (b) however, as the victim refused to have sexual intercourse, she sealed the victim by a railing as “Neat any knife knife knife knife knife knife knife knife knife knife knife knife knife knife on the floor; (c) obstructed the victim’s resistance by placing the victim on the floor; and (d) caused the victim to have sexual intercourse and suffered approximately two weeks from the opening of an external reproductive institution in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against C (Stenographic record);

1. Application of Acts and subordinate statutes, such as the victim's standing photographs and diagnosis reports, and medical records of sexual assault victims;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Persons who are not subject to punishment in the mitigated area (two to half years) (two years and six years) (excluding special mitigation) in the mitigated area (two years and six years and five years), where the result of bodily injury occurs in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. The crime of this case in which a sentence of sentence was rendered is committed by attracting a victim who had been aware of his reputation, rape, and the victim in the process of committing rape.

arrow