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(영문) 청주지방법원 제천지원 2014.11.21 2014고합39
강간치상등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Medical records for victims of sexual assault and photographs of victims of sexual assault;

1. Explanation of each photograph;

1. Application of Acts and subordinate statutes to a medical certificate or an investigation report (mentally and medical doctor's currency);

1. Relevant Articles 301, 297 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with prison labor) concerning criminal facts;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment heavier than the punishment (within the scope of the sum of the long-term punishments of the above two crimes)];

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Two years and six months to sixteen years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences under law; and

2. Scope of recommendations according to the sentencing criteria;

(a) From 4 to 7 years of imprisonment with prison labor for the basic area of the second category (decision on the recommended area] (decision on the recommended area), the basic area of the injury or bodily injury resulting from rape (decision on the type) committed by a person who has been aged 13 or older;

(b) Type 1 (Decision on the Punishment of Violence) (Decision on the Punishment of Violence) and the basic area [Decision on the Recommendation Area] of the Crimes of Violence (Decision on the Punishment of Violence) (Decision on the Punishment of Violence), two months to ten months; and

(c) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to seven years;

3. In order to satisfy his own sexual desire, the Defendant, as indicated in facts constituting a crime, has raped a female victim, thereby causing injury to the victim with a mental disorder, such as inducing the victim to visit another person.

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