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(영문) 광주지방법원 2014.09.24 2014고합237
강간치상
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On February 22, 2014, the Defendant: (a) 03:00, the main owner of the “D” bank located in Gwangju Northern District, and (b) 14 days old and 3 years old and 48 years old, went back to the body of the victim, and then was frighted to the body of the victim, she was frighted by the victim, she was frightened by the victim, she was frighted by the body of the victim, and she was forced to rape the victim by suppressing the victim’s jackets and brodings into the main bank; (c) but, as a result, the Defendant attempted to have the child of the victim enter the main bank, and thereby, suffered bodily harm, etc. of two frights that require treatment for about 14 days, to the victim.

Summary of Evidence

1. Partial statement that the defendant dices alcohol together with the victim at the time and place of the crime committed by the defendant in this court;

1. Statements made by the prosecutor on reference to E in the protocol prepared by the prosecutor;

1. Each statement prepared by the F and G, which fit for such statement;

1. Application of the Acts and subordinate statutes in line with the part and degree of the injury described in the judgment among the injury diagnosis certificates for E prepared by a doctor H;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act of the suspended execution (The following extenuating circumstances shall be repeated for the reasons for sentencing):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse does not have any history of being punished for a sex offense; and there is no evidence suggesting that the instant crime is the realization of habituality to sexual assault by the Defendant;

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