logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.09.24 2014고합449
강간치상
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 23:40 on August 16, 2014, the Defendant: (a) talked with and talked about the victim D (the age of 20) that was known to the Defendant’s house located near the Defendant’s house located in Speaker C; (b) walked in the direction of the Defendant’s house; (c) taken the victim’s arms into the Defendant’s house by hand, taken the victim’s arms into the Defendant’s house, taken the victim back; (d) taken the victim into the Defendant’s room, kidd the victim into the Defendant’s room, kid the victim into the Defendant’s room, kid the victim’s arms on one hand; and (e) tried to take another part of the victim’s arms into the Defendant’s house, and tried to take part of the victim’s house in the process of treatment and rape of the victim’s body, but the victim refused to take part of the victim’s body and pressure out of the victim’s body, and tried to take part of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (in cases of attaching a medical certificate for an injury) and an investigation report (to hear statements from a victim's telephone);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 301, 300, 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. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the instant case where the Defendant has no record of being punished for sexual crimes

arrow