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(영문) 의정부지방법원 2012.10.26 2012고합511
강간치상
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 01:05 on August 20, 2012, the Defendant discovered the victim D (the 45 years of age) who was mixed at the front parking lot of Gyeonggi-gun, Gyeonggi-gu, D, with drinking alcohol and drinking alcohol together at the neighboring E main point. On the same day, at around 01:30 on the same day, the Defendant was aware of the victim D (the 45 years of age), with drinking alcohol and drinking alcohol together at the near E main point. At around 01:30 on the same day, the victim was able to drink, with the 30 minutes of the 30 minutes of the son, and the son was able to drink the alcohol, but the son refused this.

The Defendant, at around 02:30 on the same day after he was flicked with the victim, when he returned home again with the victim on the nearest road of F, which resulted in a sudden desire for the victim, thereby preventing the victim from suffering with only one hand, and resulting in another hand, the Defendant forced the victim to go back to the right side of the road by entering the victim, and forced the victim to go back to the right side of the road by getting out of the road, and "I do not get out of the road. I do not understand. I do not get out of the body of the victim. I do not flick back to the Mamam, so I do not fl off the victim's body, and rape the victim by having sexual intercourse with the victim once, which results in the victim's failure to go on the right side, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. An investigation report (to listen to a complaint D phone);

1. Records of medical treatment for victims of sexual assault;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each photograph (such as a victim's body photograph, etc., site photograph, victim's clothes photograph, etc.);

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

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

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Sexual Crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years nor more than 30 years;

2. The sentencing criteria shall be based on; and

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