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(영문) 수원지방법원 안산지원 2017.12.15 2017고합190
강간등
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was living together with the victim H (V, 56 years old) and from August 2016 to March 2017, and decided around April 2017.

1. Around July 4, 2017, the Defendant, while drinking alcohol at the main points in the operation of the victim located in Ansan-si, the Defendant 03:0 on July 4, 2017, added the victim’s body to the victim’s body so as to prevent the victim from leaving the body of the victim, and inserted the Defendant’s sexual organ into the victim’s negative part so as to prevent the victim from leaving the body of the victim. The victim continued to resist, she became inside the victim’s body, she moved the victim into the victim’s inner part, and she moved the victim’s sexual organ into the part of the victim’s negative part, she gets out of the victim’s body and let the victim resist the victim’s body and prevented the victim from resisting.

Accordingly, the Defendant raped the victim.

2. On July 4, 2017, after rapeing the victim as stipulated in paragraph 1, the injured Defendant, at around 04:00 on July 4, 2017, went back from the victim’s house in Ansan-si, Yasan-si, Yasan-si, and went back to the victim’s house, followed by the victim’s house, and thereby making the victim go back to the victim’s house, and caused the victim to inflict an injury, such as chilled chills, tensions, etc., for three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (verification of the result of a request for appraisal);

1. Each photographic record (No. 8,16 No. 16);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 297 of the Criminal Act applicable to the crime, the choice of punishment, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the heavier punishment for rape (to the extent that the aggravated punishment for the above two crimes is added up)];

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. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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