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(영문) 창원지방법원 통영지원 2017.04.13 2017고합2
강간상해
Text

A defendant shall be punished by imprisonment for not less than two years 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

The Defendant, at around 03:00 on September 23, 2016, at around 03:0, had the victim C (name, 46 years of age and 46 years of age) and the victim talk with alcohol, and had the victim board the victim on the Defendant’s vehicle E-rayed on the side of the Defendant’s operation, which was parked on the road adjacent to the “Seoul High-gun D Apartment-gun apartment.” During the division of the victim’s talking about the victim’s sexual intercourse, the Defendant is unable to resist the victim, such as having the victim interfered with the victim’s refusal to commit rape by using the body towards the victim’s hand, making the victim knife, knife the victim’s knife, knife, the victim’s knife, knife, and knife, the victim’s hair, the victim’s chest, and the chest reported 12.

The intention was not achieved but was attempted.

As a result, the defendant tried to rape the victim, and had the victim receive approximately 4 weeks of treatment, and had the victim receive an aggregate of the right cage 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to C (tentative name);

1. Statement made by the police with regard to F;

1. 112 Report processing table and diagnosis report;

1. Application of Acts and subordinate statutes to report on dispatch to the scene of the assault incident;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and 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 (the following sentencing grounds):

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