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(영문) 서울서부지방법원 2013.12.24 2013고합393
강간상해
Text

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

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

Reasons

Punishment of the crime

At around 02:20 on November 16, 2013, the Defendant discovered that the victim E (the age of 22) was walking by raging a raging horse in order to conduct an election campaign, and followed the victim with approximately 20 minutes of her desire to commit rape. On the other hand, the Defendant her walked the victim’s body in order to see the victim’s body in the direction of the general public and walked the victim’s body in the direction of the public. On the other hand, at around 02:20, the Defendant took the victim’s face, “Is the victim’s body”, “Is the victim’s resistance”, she has frighted the victim into the victim’s body, she saw the victim into the victim’s body, she was frighted into the victim’s chest, and she was frighted into the victim’s chest, and she was fright off the victim’s chest by placing the victim’s body into the victim’s chest and her body.

As above, the Defendant raped the victim and brought about about approximately three weeks of treatment to the victim, and was in sacrifies and insombs of internal organs and tissues.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. On-site photographs, traces of the crime, field photographs, identification photographs of the suspect's body;

1. A medical certificate;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. 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 / Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and children or juveniles.

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