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(영문) 대전지방법원 2014.04.15 2013고합434
강간상해
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant filed an appeal after having been sentenced to six years of imprisonment with prison labor for murder, rape, or bodily injury at the Seosan Branch of the Daejeon District Court on August 22, 2013, and is still pending in the judgment of the Daejeon High Court No. 2013

Since August 2011, the Defendant, even South Korea, entered into an inhuman relationship with the victim E (the age of 34 at that time) who was a middle school ward in the middle school from August 201.

On September 2, 2012, the Defendant was refused after demanding the victim to engage in sexual intercourse in Songpa-gu Seoul F and 202 at night.

The Defendant, who was off the clothes of the victim, laid off the bed of the victim, laid off the bed part of the bed, cut the head of the bed part of the bed part, cut the head of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part

Therefore, sexual intercourse with the victim whose resistance has been detained, rape was made once, and the victim has been subject to two weeks of treatment period.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. A written reason for appeal (including photographs attached thereto);

1. N's letter of postal statement;

1. A medical certificate of injury or a medical fee;

1. Application of the Acts and subordinate statutes on text messages;

1. Article 301 of the relevant Criminal Act and Articles 301 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201) that stipulate the applicable criminal facts and the choice of a sentence (Optional to Imprisonment with prison labor)

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Article 37 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes before an disclosure order is issued;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 41 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the assertion is that the Defendant assaulted the victim at the time and place of the ruling, or led to the suppression of resistance.

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