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(영문) 대구지방법원 2013.04.05 2012고합1411
강간상해
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On September 25, 2012, the Defendant completed the work at the site of apartment construction in Daegu-gu 103 on the same day, and performed alcohol to the victims D (51 years of age) under the influence of alcohol after the opening of the sigu Maur, Daegu-gu 103 on the same day, thereby getting on and off a taxi at the same time, getting on and off the si, leading the victim's hand before the above Maurel, getting off the sib, let the victim into the sib, let the sib, let the victim come back to the sib, cut off the victim's bar and the sib, cut off the victim's head and the head of the mobbb, let the victim take off two times in the furb, she gets off the victim's head, again she tried to have sexual intercourse with the victim's hand, and put the victim's right at the victim's right port, and made the victim take off one part of the victim's liability.

As a result, the defendant suffered injury to the victim, such as an injury to the victim's sexual intercourse, which does not have two or more open situations requiring treatment for about six weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each written statement of the police prepared D;

1. A E-document;

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 (including the fact that the basic crime is about attempted crimes and the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the circumstances and the fact that the defendant recognized a crime and is in depth reflecting on the depth thereof);

1. In cases where the result of an injury to a sex offense is caused by the reason of the sentencing of Article 16(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or order to attend a lecture, or order to attend a lecture, an injury to a general rape (a special rape) who is not less than 13 years of age and not less

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