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(영문) 의정부지방법원 고양지원 2017.01.13 2016고합230
강간치상
Text

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

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant: (a) around 03:00, the Defendant: (b) the victim, who was singing in a singing room in the Seo-gu, Seo-gu, U.S. C, C, and C, C, and C, and C, and C, and 2, the third floor D, with the intention to rape the victim E (at the age of 48), was able to sing and singing well; and (c) the victim, who was singing in a singing manner, sing the victim’s sing and brode, sing the victim’s left head as soon as possible.

Accordingly, the injured party resisted the victim's face by breaking the victim's face by breaking the victim's spoke by spokeing the victim's spoke, and then putting two chests of the injured party on his hand, keeping the victim's neck, and continuing to see the victim's neck, and "any defect in the sexual relationship to reduce the money" is called to the purport that "any defect in the sexual relationship to the victim" is called to the victim.

Accordingly, the victim, “I can naturally see if you are in mind, so we can see this word,” and the Defendant, while setting up the victim, read “splouts, plplouts,” and plucked up one time by cutting up the victim.”

As such, although the Defendant tried to rape the victim, he did so, and she suffered a scarcity on the left side in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. An investigation report (Attachment of a photograph of damaged parts and a written diagnosis of injury);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim Eline);

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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