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(영문) 창원지방법원 마산지원 2014.08.13 2014고합51
강도강간등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On April 15, 2014, at around 03:00, the Defendant: (a) discovered the victim E (n, 27 years of age) in front of the Masan City, Changwon-si; (b) and (c) led the victim to go beyond the victim’s bridge due to the scambling of the victim; (d) had the victim scam in mind to forcibly take property or rape against the victim, unlike the expected resistance; (b) forced the victim to take property against the victim; (c) had the victim scam in mind; and (d) had the victim scambling the victim’s face with the victim’s face; and (d) had the victim knifed, knife the victim’s knife, knife, knife, and knife the knife with the victim’s knife; and (d) forced the victim’s resistance by taking off property against the victim.

Then, the Defendant, at the market price of 1 million won owned by the victim, took off one cell phone, 14 km, 1 strings, and one strings from the market price of the victim, and continued to have a strings of the victim and panty, and had sexual intercourse with the victim once.

In this process, the defendant took property from the victim, raped the victim, and suffered multiple scopic scopic scopic scopic scopty and scopic scopic scopic sp

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to medical certificates and photographs of the upper part of the body;

1. Articles 339 and 337 of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on any crime of robbery and rape heavier than the punishment);

1. Selection of punishment and limited imprisonment;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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