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(영문) 수원지방법원 2017.03.30 2016고합735
강간상해
Text

A defendant shall be punished by imprisonment for three years.

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

The Defendant, at around 04:00 on November 6, 2016, at the five singing rooms located in the Greshing-gu, Greshing-si, Greshing-si, the Defendant, when putting his hand in the clothes of the victim E (n, 53 years old) who is a singing-do, puts his finger in the clothes of the victim E (n, 53 years old), sing the victim into his hand by force, and sing-doing the victim into the victim’s hand by force, and sing-doing the victim under this, “S

입 다물어, 입 뻥 끗하면 가만 안 두겠다’ 고 말하면서 온몸을 때리고, 피해자의 스타킹과 팬티를 내리고 소파로 밀어 넘어트린 후 피고인의 바지를 벗고 피해자의 몸에 올라 타 피해자를 강간하려 할 때 피해자가 몸을 일으키며 팬티 등을 입자 손바닥과 주먹으로 피해자의 얼굴과 머리를 수회 때려 피해자에게 3 주간의 치료를 요하는 눈꺼풀 및 눈 주위 열린 상처 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on diagnosis of victims and photographs of damage;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Juveniles, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social relationship without the same criminal history, the Defendant’s age, occupation, family environment and social relationship, the details, circumstances, and outcome of the instant crime, which may be achieved by the disclosure or notification order, and the effect of preventing sexual crimes subject to registration and the protection of the victims thereof, and the disclosure or notification order.

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