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(영문) 대구지방법원 2014.04.25 2014고합81
강간치상
Text

A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a university of the victim C(n, 21 years of age).

On January 7, 2014, the Defendant: (a) had the victim drinked in front of the liberian Elementary School located in Daegu Northern central around the same month after drinking the victim; and (b) had the victim drinked on the same month.

8. Around 03:47 entered into the EMoel 208 located in Daegu Northern-gu D.

At around 06:30 on the same day, the Defendant dumped the victim with beer and talked with the victim within 208 above Embel 208, and flaped the victim’s flap with his hand to commit rape, and then dumped the victim’s flap, and dumped the ebbbbbb, and dumed the victim’s flap, and dumed the victim’s flap in hand, and dumped the victim’s flap, and dumped the victim’s face, but dumped the victim’s body.

Accordingly, the Defendant, who is suffering from the victim, was able to kis on the victim's entrance, kis on the victim's chest, kis on the victim's panty, put his finger into the victim's panty, and rape the victim. However, the victim did not report to the victim 112, but did not bring about his intention, and the victim was faced with the victim's abundance of the chest chillheading wall that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The police statement concerning F;

1. Reports on internal investigation (in relation to the attachment of motograph photographs, attachment of photographs on the part of the body of the victim, and attachment of photographs on the part of the victim's bodily injury);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Special cases concerning the punishment, etc. of sexual assault crimes and orders to provide community service and attend lectures;

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