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(영문) 수원지방법원 안산지원 2014.07.04 2014고합159
강간상해
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 05:30 on February 17, 2014, the Defendant, while drinking alcohol with the victim C (the age of 22) who was known to the general public and drinking, wanting to have sexual intercourse with the victim at the house of the victim at the time of drinking and drinking alcohol. However, the victim refused it, the victim's refusal to have sexual intercourse with the victim, she was off the victim's part in order to have sexual intercourse with the victim at the home of the victim, she was allowed to leave the victim's part in order to have sexual intercourse with the victim, she was allowed to have the victim her part in drinking and drinking, and her part in drinking and panty, exceeded the victim's will and panty, and exceeded the victim's part in his/her part in his/her own with the victim's crypt and panty, but the victim did not go against the victim's request to help another person by driving his/her cell phone with the victim's part in attempted crime, and suffered injury, such as the victim's part in need for treatment.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Each written diagnosis;

4. Application of each statute of photography;

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

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

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

5. The fact that the Defendant appears to have committed the instant crime in a opportunous and opportunous manner while drinking alcohol under the proviso to Article 47(1), the proviso to Article 49(1), the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, appears to have committed the instant crime, and that there is no record of criminal punishment, the fact that there is no record of criminal punishment, the fact that the young who reached 27 years of age is expected to be likely to improve his/her character and behavior in the future, and that it is expected due to the Defendant’s occupation, family relations, and the disclosure order or notification order to the Defendant.

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