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(영문) 대전지방법원 서산지원 2016.02.04 2015고합113
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2015, the defendant was divorced from the victim C (V, 38 years of age) who was his spouse on August 20, 2015, and had tried and stayed in the pentan-gun D's pension operation.

On September 19, 2015, the Defendant entered the victim's room under the influence of alcohol in the above penture around 01:20 on September 19, 2015, and did not want to be able to take the victim "."

The width shall be too love.

”라고 말하며 재결합을 요구하였으나 피해 자로부터 거절당하자 화가 나 손으로 피해자의 얼굴과 눈 부위를 수회 때리고 피해자의 머리채를 잡아당겨 피해자로 하여금 침대에 머리를 찧게 하고, 피해자를 침대에 억지로 눕혀 반항을 억압한 후 피해자의 속옷을 벗기고 피해자의 음부에 손가락을 집어넣었다 빼기를 반복하다가 성기를 삽입하여 1회 강간하였다.

As a result, the Defendant raped the victim, and inflicted injury on the victim, such as an influoral tymal injury, during the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report, a criminal investigation report (Attachment of a report on the rate of injury to a foreign country and a gene genes), and a criminal investigation report (verification of a victim's statement);

1. Application of Acts and subordinate statutes to the victim's body photograph, and the detailed statement of handling reported case 112;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

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) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, and personal information shall be personal information.

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