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(영문) 광주지방법원 2017.10.13 2017고합109
강간치상
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant has weak ability to distinguish things or make decisions due to dementia in detailed name Albuses-based illness.

On October 23, 2016, the Defendant, at around 09:30 on October 23, 2016, talked with the victim D (the age of 81) who is a resident of the same village that is located in the Southern-gun C, the Defendant: “I would like to see the wife or inside, but I would like to do so once I would like to do so; I would like to see it once I would like to do so; I would like to see that I would see the victim’s clothes, and see it on the floor, I would like to see the victim’s clothes.” The victim continued to see it by inserting the victim’s finger, and putting the victim’s fingers into the victim’s fingers.

As such, the Defendant, who attempted to rape the victim, suffered injury, such as the injury of the face, the injury of the victim, such as the injury of the victim’s face, the injury of stress, and the injury of the injury.

Summary of Evidence

1. Statement made by the police and the prosecutor with regard to D;

1. Photographss of the parts above the victim's wife, photographs of the part above the victim's wife, and medical certificate of injury;

1. The point of mental or physical weakness: The application of Acts and subordinate statutes to notify the results of diagnosis, opinion, and mental appraisal;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. There are special circumstances in which the defendant is unable to impose an order to attend a lecture, considering the fact that the defendant seems difficult to understand the meaning of lectures to treat sexual assault due to dementia, etc. under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture;

[Determination]

1. An order of disclosure; and

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