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(영문) 수원지방법원 안산지원 2014.05.02 2014고합70
강간치상등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. At around 05:30 to 05:50 on November 10, 2013, the Defendant intending to engage in sexual intercourse with the victim D (n, 33 years of age) while drinking together with the victim D (n, e.g., the victim’s chest, and the victim “mad.” while pushing the victim’s finger, the Defendant attempted to have sexual intercourse with the victim by pushing the Defendant’s hand, pushing the victim into a sofa, pushing the victim into a sofa, pushing the victim into a sofa, cutting off spingings and panty by force. However, the Defendant failed to carry out the wind with the victim’s sound and pushed the Defendant with his hand, and thereby, the victim suffered injury, such as injury to the part of the left hand 1, which requires treatment for about 20 days.

2. The Defendant, on the ground that the above D escaped at the same time and at the same place, destroyed the victim E’s market price by lowering off the table glass with which the victim E’s market price is unknown.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to D and E;

3. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of causing rape: Articles 301, 300, and 297 of the Criminal Act;

(b) The point of destroying and damaging property: Article 366 of the Criminal Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is added up the long-term punishment for causing serious rape).

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders;

6. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

7. The instant case where the Defendant under the proviso of Articles 47(1) and 49(1) and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, is opportal and opportal in the state of drinking.

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