(영문) 서울북부지방법원 2014.03.28 2014고합47

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굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.03.28 2014고합47

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 04:00 on February 9, 2014, the Defendant: (a) reported the Victim F (F) at the E main point in Dongdaemun-gu Seoul, Dongdaemun-gu and the second floor at around 06:40 on the first day; (b) instead, the Defendant calculated the taxi expenses, instead of reporting the victim’s fright (F) from around the I Park located in Dongdaemun-gu, Seoul to the point that the victim was unable to calculate the taxi expenses under the influence of alcohol; (c) entered the said park with the cell phone of the victim; (d) the victim was able to rape the victim who driven away from the toilet in the toilet in order to find his cell phone; (d) when the victim was towed into the toilet in the above park; (e) when the victim was frighted one time to sleep the door; and (e) the victim was able to fill the son’s son’s son and son’s son; and (e) the victim was able to have his her son and son’s her son.

As a result, the Defendant committed similar rape to the victim, and the victim was in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Relevant Articles of the Criminal Act and Articles 301 and 297-2 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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The punishment, etc. of sexual crimes committed against disclosure orders;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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