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(영문) 춘천지방법원 강릉지원 2014.01.09 2013고합77
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

At around 19:00 on September 5, 2013, the Defendant, at the Eju station operated by the victim D in the East Sea (hereinafter referred to as the “victim D”) around 22:00, performed drinking with the son.

After that, at around 22:40 on the same day, the Defendant entered the front room, confirmed that there is no guest, locked the entrance, attached his clothes to the inside room in the front room, and forcedly off his clothes in the inside room, cut off the victim’s inner body, added the victim’s sexual intercourse with the victim’s sexual organ inserted the victim’s sexual organ into the front part of the victim’s body, and then, sexual intercourse with the victim’s body by inserting the victim’s hair into the front part of the victim’s body, putting the escape victim’s head debt into the front part, leading the victim’s sexual organ into the front part, inserted the victim’s sexual organ into the front part of the victim’s body, and sexual intercourse with the victim.

As a result, the defendant raped the victim, and suffered injury to the victim such as the impairment of elbows that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 301 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Optional sentence and limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to registration of personal information under Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information

The reason for sentencing is [the range of recommendations] imprisonment for two years and six years to five years, and 13 years of age or more.

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