207Mahap79 Rape Bodily Injury

D.00, 000 (19**.*.*.*. living in *.) and U.S. Armed Forces in Korea (foreign)

Residence = = = = = = =

Nationality of the United States

Handbags

Attorney Jin 00

March 9, 2007

A defendant shall be punished by imprisonment for four years.

The 54 days of detention before this judgment is sentenced shall be included in the above sentence.

Facts of crime

On January 14, 2007, the Defendant: around 30, at least 182 - 1st day of Dong school, Mapo-gu, Seoul, with a view to rape of the victim ○○○ (e.g., 66 years old) that passed so as to have the victim attend school; when the victim is able to take off the victim’s right eye with drinking, the victim is towed, opened the victim on the floor, opened the victim with a vehicle parked in the vicinity, opened the victim on the floor, and forced off the panty, and opened the victim’s face and knee knee sty, 1 times more than 2 times more than 30, and sexual intercourse with the victim on the right side of the victim, continued to put the victim’s face into the victim’s face, forced the victim to have sexual intercourse with his/her face, and forced the victim to take out the victim’s face promptly, and let the victim to reflect his/her sexual pressure, and let the victim do so.

Summary of Evidence

1. Statement made by the police on the ○○○ and the ○○○;

1. Police seizure records;

1. Medical certificates, medical reports, and medical records for victims of sexual assault;

1. An investigation report (Confirmation of the current state, etc. of a victim);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 301 and 297 (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., first offender);

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserted to the effect that the defendant was in a state of mental disability or mental and physical disability by drinking only at the time of the crime of this case. As such, the defendant committed one-time sexual intercourse with the victim by assaulting the victim and suppressing his resistance, continued to have the victim rapidly, and had the victim sexual intercourse once again. In addition, the defendant tried to attract the victim rapidly with his own sexual organ at the first floor cleaning tool of the building in the neighboring area, let the victim rapidly sexual intercourse with the victim immediately and tried to do so once again after having the victim sexual intercourse with the victim immediately. According to the evidence of the judgment, the defendant did not accept the defendant's assertion that the defendant had the ability to commit the crime of this case, even though he was under the influence of alcohol and was on patrol at the surrounding area, he did not have the ability to commit the crime of this case, and thus, the defendant did not have any such an intent to arrest the victim at the time of the crime of this case. In light of the circumstances and degree of the defendant's intention to escape from arrest.

양형의 이유 1. 피고인에게 불리한 정상이 사건 범행은 피고인이 피해자를 2회에 걸쳐 강간하고 또다시 강간을 시도하였고 , 그로 인하여 피해자에게 2개월 이상의 치료를 요하는 중한 상해까지 가한 것으로서 죄질이 매우 나쁠 뿐만 아니라 특히 방어능력이 미약한 고령의 할머니인 피해자를 강간한 것은 노인을 공경하는 한국 전통문화 등에 비추어 비난가능성이 매우 크다고 할 것이고 ( 그렇다고 하여 나이가 많지 아니한 여자를 강간하는 것이 중한 범죄가 아니라는 의미는 아니다 ), 이 사건 범행의 경위 및 방법 등에 비추어 단편적이나마 범행 당시의 기억이 날 것으로 보임에도 불구하고 피고인은 수사기관에서부터 이 법정에 이르기까지 계속하여 술에 취해 전혀 기억이 나지 않는다는 변명으로만 일관하고 있는 등 개전의 정 또한 없어 보이며, " 지금도 눈만 감으면 피고인의 얼굴이 떠오른다, 그 상황이 자꾸 생각나서 가슴이 벌렁거린다 " 는 피해자의 수사기관에서의 진술과 피해자는 현재도 병원에 입원치료 중인 점에 비추어 보면, 피해자는 이 사건 범행으로 인하여 극심한 정신적 고통에 시달리고 있음을 알 수 있다. 한편 피고인은 피해자에게 어떠한 피해보상도 하지 아니하였다 .

2. Conditions favorable to the defendant;

The defendant is the first half of the 20th century, and the crime of this case was not committed under the prior plan, but it seems that the defendant was dissatisfying after the completion of the period of service in Korea, rather than under the prior plan.

3. Conclusion

As seen earlier, in consideration of the overall circumstances revealed at the public trial of this case, such as the circumstances favorable to the defendant, character, conduct and environment of the defendant, means and result of the crime, etc., the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.

Judge Lee Dong-ju

Judges Choi Jae-in

Judges Kim Ho-ho