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(영문) 대전지방법원 공주지원 2019.08.07 2019고합13
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On October 24, 2003, the Defendant was sentenced to 8 years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.) at the Daejeon High Court on November 1, 2003 and the above judgment became final and conclusive on November 1, 20

【Criminal Facts】

On July 25, 2002, at around 23:30 on July 25, 2002, the Defendant: (a) reported the victim D (man, 16 years of age) who passed around the C Elementary School located in Chungcheongnam-gun, Chungcheongnam-gun; (b) taken a mind to rape the victim; (c) made the victim’s side approach to the road in the E Village; and (d) threatened the victim with the victim’s shoulder, etc., “on the road in the E Village, she saw the inner face, she died of the throst,” and she sphereded the victim’s shoulder, etc., and sphered the victim into the floor.

The Defendant continued to divide the victim's shoulder and arms into the victim's hands, put them on the floor, put them on the victim's shoulder and arms on the victim's hand, and put them on the victim's sexual intercourse once by threatening "only if there is any sound part, she shall be discarded only once, she shall be able to see the victim's body in hand, she shall take the body of the victim's body back to the face, she shall take the victim's body back to her face, and she shall prevent other victims from resisting the victim's body, and then put the victim's upper part into the part of the victim's sexual organ into the part of the victim's sexual organ.

As above, the Defendant, by rapeing the victim, caused the victim to suffer bodily injury, such as a dog of a shoulder and a dog of a shoulder, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A copy of an appraisal report;

1. Copies of medical records of sexual assault victims, and copies of medical records of sexual assault victims;

1. Investigation report (on-site confirmation and attachment of field photographs, and on-site calendar of July 2002 at the Sejong-si);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes (the same type of criminal records and attachment of judgment of a suspect);

1. Relevant Article of the Criminal Act and the former Criminal Act that provides for the choice of punishment for the crime.

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