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(영문) 서울서부지방법원 2014.05.13 2014고합55
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 January 10, 2014, at around 05:15, the Defendant found the main points of “E” operated by the victim D (Inn, 53 years of age) located in Eunpyeong-gu Seoul Metropolitan Government Branch C, and went to the toilet after calculating the price after drinking.

The Defendant had the victim, who is cleaning the main point in the toilet, forced him to use the victim, and the victim forced him to use the victim, and the victim pusheded the defendant with the "mast horse", pushed the victim with the seat of the victim three times, kidd the victim's face on the floor, kidd the victim on the floor, kid the victim's kid, forced him to leave the victim's nasty and panty, and kid the victim's nasty with the part of the victim's nasty.

As a result, the Defendant assaulted the victim, putting the Defendant’s fingers into the part of the victim’s sexual intercourses, and inflicted an injury on the victim, such as the climatic part, the pelum part, the pelum part, the pelum part, the pelum part, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the police prepared D;

1. Medical certificates of diagnosis in preparation of doctor F, and medical records for victims of sexual assault in preparation of doctor G;

1. Each investigation report prepared by police (a suspect's sales slips, requests and replies for personal information on non-Sch Card members, replys to the results of fingerprint appraisal at the scene of crime, and responses to requests for appraisal);

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

1. Relevant Articles of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse/ sexual crime against which an order to disclose or notify is not imposed;

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