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(영문) 광주지방법원 2017.04.14 2017고합91
유사강간치상등
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

On April 2016, the Defendant visited the head of entertainment center in Seo-gu, Seo-gu, Gwangju, as an employee, and became aware of the victim D (V, 22 years of age) who had worked as an employee. From November 201 of the same year, the Defendant conspiredd with the victim.

On December 26, 2016, at the house of the above victim in Seo-gu, Seo-gu, Gwangju, and Ho-gu around 22:00, the defendant would go to the defense regardless of the detention of the defendant.

In the end, while the defendant's speech or dispute has been neglected for the reason of disregarding the defendant's horse, the victim's face and head are 10 times with the hand floor, approximately five times with the victim's face and head, approximately five times with the victim's hand, the victim's name and head is tightly tightly, and the victim's hand is pushed down to the floor, and the victim's name is strokely cut off by hand, and the victim's finger was 5-6 times with the victim's sound.

As a result, the defendant raped similar rapes of the victim, and thereby, the victim suffered injury such as a cage cage at the left-hand side in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written opinions, written confirmation of hospitalization, written diagnosis of injury, and written confirmation of medical treatment;

1. Relevant Article of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The Defendant was admitted following the disclosure order and notification order, including the fact that the Defendant had no record of committing any sexual crime, and the instant crime is not a sexual crime against unspecified women, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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