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(영문) 대전지방법원 홍성지원 2013.03.21 2012고합105
강간치상
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 15, 2012, at around 02:00, the Defendant had Canadian victim D (Woo, 27 years of age) who was Canadian, and on the Furmo rooftop located in Boh City E at Bohyeong-si, attempted to rape the victim with the words “I will see, I will see, I will see, I will.”

Then, the Defendant, as a drinking, scam the victim's side scam with the victim's hand floor, scam the victim's face and scams at several times, and scam the victim's face and scams at several times, scambling the victim's face and skes with both hand, and scam off the victim's clothes with the victim's sexual organ inserted the victim's sexual organ into the victim's sex.

Accordingly, the defendant raped the victim, thereby resulting in the victim's injury, such as a diversity typology, which requires a medical treatment for about one week.

Summary of Evidence

1. Statement made by witnesses D in the second protocol of the trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Statements made by witnesses H and I in the fourth protocol of the trial;

1. Statement of examination of the witness in relation to J, K and L of this Court;

1. Request for medical treatment, inquiry about results of clinical pathology, list of collected objects, response documents, medical records in an emergency room, response documents, response documents to requests for appraisal, emergency medical services log, information investigation paper in an emergency room, records on the medical records of victims of sexual assault;

1. Application of each statute on photographs;

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

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

1. Where a conviction of a sexual crime subject to registration is finalized under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Registration of Personal Information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 32(1) of the aforesaid Act

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