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(영문) 수원지방법원 안산지원 2014.05.16 2014고합78
강간상해
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 14:30 on February 25, 2014, the Defendant: (a) retired from the victim’s will to engage in sexual intercourse; (b) on February 25, 2014, the Defendant went off from the victim’s will to engage in sexual intercourse; (c) but did not go against the victim’s will at the wind of resistance, such as the victim’s spats and the wheels to engage in the Defendant’s resistance, at the victim’s room x 4 of the “D” x the victim’s x 33 years old.

Accordingly, the defendant tried to rape the victim, and the victim was able to receive approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness E;

3. Examination protocol of suspect against the defendant;

4. Statement by the police about E;

5. Recording records;

6. A written diagnosis of injury;

7. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as Probation and Taking

5. In full view of the following circumstances, the proviso to Article 47(1), the proviso to Article 49(1), the proviso to Article 49(1), the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant appears to have committed the instant crime somewhat contingently in the state of drinking, the victim and the victim have not yet been punished for a sexual crime, and the defendant's age, occupation, family relationship and social relationship, profits and preventive effects expected by the disclosure order or notification order to the defendant, and other circumstances indicated in the record such as disadvantage and side effects, the disclosure of the defendant's personal information should not be notified).

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