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(영문) 울산지방법원 2016.03.18 2016고합4
유사강간상해등
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

. The degree and degree are consistent with this part of the Defendant’s crime described by the victim.

④ The victim’s hair was found at the scene of the instant crime. This conforms to the victim’s statement that the Defendant was found to have his hair at the time of the instant crime.

⑤ On December 17, 2015, the Defendant also made a statement at an investigative agency on the time when the victimized person was put in plastic sealing (141 pages of evidence record), or when harming the breast part (180 pages of evidence record), and made a statement on the fact that there was a little assault against the injured person at the time of this court.

was stated.

6. The victim has no motive to dismiss the defendant since the instant case, such as the absence of any means to request the defendant to reach an agreement.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from one year to six months from one year and six months;

2. Where the result of an injury occurs in the scope of the recommended punishment according to the sentencing guidelines, crimes 1 (sex crime) (Scope of the recommended punishment / 13 years of age or older / In the case of the occurrence of the result of an injury, * (including indecent act by deceptive means or force) (including indecent act by force against juvenile), / In the mitigated area (two to half years), / 5 years of special mitigation) of the reduced area (the scope of the recommended punishment / 1 month to one year), / 6 months of general injury (the scope of the recommended punishment / 3 years of general injury) without having no basic area (the scope of the recommended punishment / 1 month to six months) of the basic area (including the scope of the recommended punishment / 10 months to ten months), / 10 months of the basic area (including the person who has no special sentencing / 10 months] of the aggravated punishment pursuant to the aggravated punishment period: 2 to 10 June 10, 200

3. Determination of sentence: Imprisonment with prison labor for a three-year period of stay, the Defendant committed a crime of assault, bodily injury, or similar rape against a victim living together with the past four-year period of stay of execution. In light of the fact that each of the above crimes was committed for a short period of time, and that the time goes beyond the past, the commission of each of the crimes of this case is very good.

In particular, the victim seems to have caused considerable fear and sexual humiliation at the time of committing the crime of similar rape.

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