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(영문) 대구지방법원 포항지원 2017.11.30 2017고합64
강간치상
Text

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

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

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant found the victim D’s residence in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and tried to commit rape with the victim while drinking alcohol together with the victim. At the moment, the victim’s body was placed above the victim’s body in the end, divided the victim’s body into arms, and forced to go off the victim’s will and panty in order to sexual intercourse after suppressing the victim’s resistance. However, the Defendant did not go against the wind to see that the victim was represented at the part of the victim, and thereby, the victim suffered bodily injury, such as flus and other parts of the victim’s body, which require approximately two weeks medical treatment.

2. On April 23, 2017, at around 14:00, the Defendant: (a) saw the victim to rape at a place indicated in paragraph (1) at around 14:00; (b) took the victim’s own hand to the floor; (c) took part in the victim’s body with his/her arms and arms; and (d) took part in the victim’s panty and panty; and (c) took part in the victim’s inner part of the victim’s sexual organ; and (d) took part in rape by inserting the Defendant’s sexual organ into the inner part of the victim’s sexual organ; and (d) did not take part in that fact, the Defendant did not take part in that fact; and (d) thereby, the victim suffered injury, such as a trophy, etc., in

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Reports on internal investigation (Attachment to the body photographs created by the victim's violence), investigation reports (the body photographs of the victim's damage), and internal investigation reports (the photograph of the damaged photograph);

1. A photograph of each victim's upper part of the body, and a photograph of each victim's upper part of the body;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles 301, 300, and 297 of the Criminal Act concerning the facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning the punishment for causing rape under paragraph (2) of the same Article, which is heavier than the punishment provided for in the said Article);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course;

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