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(영문) 대전지방법원 2019.07.12 2018고합492
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, as Uzbekistan, is a foreigner, and the victim B (the family name, the age of 24) and the victim C, together with “D” located in Seo-gu Daejeon, Daejeon, and became aware of while drinking together.

1. On July 8, 2018, at around 05:40 on July 8, 2018, the Defendant sent back a victim who returned home to the Jung-gu E-ro, Daejeon, stating that the victim was “a son to the her,” but the victim refused this, the victim was able to her own knife the victim’s chest with the victim’s her own knife, and then put the victim’s knife into the part of the victim’s knife.

Accordingly, the Defendant committed similar rape by assaulting the victim.

2. At the time and place specified in paragraph (1) above, the injured Defendant dumpeded the Defendant’s grandchildren, escaped, and reported to the police inside the cell phone, and dumpeded the victim’s cell phone.

The Defendant inflicted injury on the victim, such as damage to the integrity of the right side of the treatment days, by putting the cell phone, putting the cell phone in order to recover it, putting the cell phone, putting the victim’s hand, and spokeing the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The prosecutor's office and the police's statement concerning B;

1. Report on the occurrence of the case, and report on investigation (report on the confirmation of additional details of injury to the victim);

1. A medical certificate;

1. Application of Acts and subordinate statutes of a damaged photograph (Evidence No. 17 pages);

1. Relevant Article 297-2 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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. Suspension of execution;

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