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(영문) 대구지방법원 서부지원 2020.05.14 2019고합144
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

The instant case was prosecuted for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, but on the third trial date, permission was granted to apply for changes in indictment made on February 4, 2020, thereby changing the facts charged.

The defendant and the victim B(n, 33 years old) are deaf-mutes (persons with hearing disabilities and language disabilities), and they are aware of each other through the branch.

At around 21:00 on February 26, 2019, the Defendant expressed a sign language that “I wish to have a sexual intercourse with the victim” at the home of the Defendant located in the Daegu-gu C Building D, and when I forced the victim to do so even though I refused it, I put the victim in the panty of the victim, and when I got the victim to talk with him, I cut the victim’s cell phone, cut the victim’s cell phone into the part of the right eye and head.

As a result, the defendant forced the victim to commit an indecent act, and had the victim suffered bodily injury such as the impairment of the sponse of the two sides that require treatment for about 2 weeks, the sprinke and the 10-day therapy, and the sprinke and sprink around the snow.

Summary of Evidence

1. The defendant's legal statement (in respect of injury);

1. Statements made by witnesses B in the second protocol of the trial;

1. Application of Acts and subordinate statutes of each internal investigation report (Evidence Nos. 2, 3, 10, 14) (Evidence List No. 24) and investigation report (Evidence List No. 24);

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Specific Crimes, Article 298 of the Criminal Act and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment) concerning the crime;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. From among concurrent crimes, the weight of concurrent crimes resulting from the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above), among concurrent crimes;

1. The Criminal Act, the suspension of execution;

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