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(영문) 서울남부지방법원 2017.05.19 2017고합141
유사강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A similar rape: (a) around March 4, 2017, the Defendant: (b) 08:30, while drinking alcohol together with the victim E (here 21) in Gangseo-gu Seoul Metropolitan Government, attempted to rape the victim while drinking alcohol; (c) kidd the victim by force; (d) kiding the victim into his/her inner part; (d) kid the victim, kiding him/her into her; (d) her hand into her inner part; (e) her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, and her part, and her part, her part, her part,

2. The Defendant: (a) had been trying to engage in sexual intercourse with the victim at the above time and place; (b) had the victim resisted against the victim, and had the victim resisted to avoid getting out of the room without returning the handphones of the victim; (c) had the victim taken off the victim’s face; (d) had the victim’s hump to report to the police with the cellular phone; and (e) had the victim pushed the victim’s hump; and (e) caused the victim’s hump to close the door by force for the escape that might occur in the bend; and (e) caused the victim’s injury to the victim by taking approximately two weeks of the loss requiring the victim’s medical treatment.

Accordingly, the defendant detained the victim in the above telecom, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of a medical certificate of injury and medical expenses receipt, and statutes on damaged photographs;

1. Relevant Article 297-2 of the Criminal Act concerning the crime, the choice of punishment (the point of similar rape), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 276 (1) of the Criminal Act (the point of confinement, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment of concurrent crimes within the scope of the sum of the long-term punishments of each crime specified in the largest similar rape penalty);

1. The Criminal Act for mitigation of quantity;

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