2011 Highly 89 (Bodily Injury resulting from Rape, etc.)

1. A;

2. B

Woo-ju

November 25, 2011

Defendants shall be punished by imprisonment for five years.

The information about the Defendants shall be disclosed and notified for five years.

Criminal facts

On July 24, 201, at 00:0 00 :00, the Defendants: (a) enticed the victim C (at least 22 years of age) who fested alcoholic beverages on the side table table c (at least 22 years of age) in a Hunting manner; and (b) carried the victim at No. 100 100 car driving by A, and tried to commit rape with the OO civil playground located in Maridong-dong, 10:0 Do.

However, there is no rape among the victims of the crime. ① The victim's body was frightened to rape with a 00 scambling, and the victim was frightened again on July 24, 201, and 10 scambling the victim's body at 10 scambling, and the victim was scambling the victim's body behind the victim's body, and the victim was scambling the victim's body, and the victim was scambling the victim's body, and the victim was scambling off the victim's body, and the victim was scambling off the victim's body, and the victim was scambling off the victim's body and scambling the victim's body again, and the victim was scambling the victim's body and scambling the victim's body, and the victim was scam off the victim's body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C;

1. A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 8(1), 14, and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of each Criminal Code (The consideration considered in favor of the reasons for sentencing below)

1. Orders for disclosure and notification;

Determination on the defendants and their defense counsel's arguments under Articles 37 (1) 1 and 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Determination as to the defendants' claim of mental disability

The Defendants and their defense counsel asserted that the Defendants were in a state of mental and physical disability under the influence of alcohol at the time of committing the crime, and according to the evidence duly adopted and examined by this court, the Defendants were found to have been under the influence of alcohol at the time of committing the crime, but on the other hand, considering various circumstances such as the background and method of the crime in this case and the Defendants’ behavior before and after the crime in this case, it cannot be deemed that the Defendants did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime in this case, and therefore, the above assertion by the Defendants

2. Determination on Defendant B’s assertion of mitigation of self-denunciation

The defendant B and his defense counsel asserted that since the defendant B voluntarily appeared in the investigator report, since all of the facts of crime are acknowledged after the defendant B appeared in the investigator report, it is necessary to reduce self-denunciation. Thus, according to the records, the defendant B and the defendant B's defendant B are allowed to contact the defendant A at first of all, contact the defendant A at will and contact the defendant A, and contact the defendant A at first, and the defendant B merely appeared in the old U.S. police station according to the prior advice of the defendant A, and it is difficult to view that the defendant B voluntarily appeared in the investigator report. Thus, the above argument by the defendant B is without merit.

Reasons for sentencing

【Scope of Penalty in Law】

From 5 years to 15 years of imprisonment;

【Determination of Punishment】

Type 3 (Special Rape), among cases where the result of an injury to a sex offender group, has occurred.

[Special Convicts] Reductions: In the event that there was no punishment or injury, but the basic crime was committed in an attempted crime, a minor injury;

Aggravation : Prostitution

【Scope of Recommendation】

From June to 8 years of imprisonment (at least two special mitigations are higher than those under special mitigations, so the lower limit of the scope of sentence shall be mitigated to 1/2)

[Scope of the revised Recommendations]

From 5 to 8 years of imprisonment (the lowest limit of a recommendation type is inconsistent with the minimum limit of the applicable sentencing type by law, so the lower limit of the applicable sentencing type is in accordance with the law).

【Determination of Sentence】

5 years of imprisonment;

Taking into account the grounds for sentencing as seen earlier and the age of the Defendants, including the fact that the Defendants had no criminal record.

The presiding judge, assistant judge and police officer;

For judges:

Judges Park Jong-young