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(영문) 서울중앙지방법원 2013.03.21 2012고합1728
강간치상
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 3, 2012, around 23:00 on July 3, 2012, the Defendant is working in the Fitice Center's information room in an apartment complex in which the Defendant is living, and the part of the indictment in which the victim C (n, 22 years of age) is 23 years of age at the time is obviously a clerical error.

As the victim has a drinking place with other daily behaviors that are well known to the victim, the victim was forced to go up to the Sast of Gwanak-gu in Seoul Special Metropolitan City.

After that, the defendant was in the same month.

4. At around 00:40, the victim entered a singing practice room “F” in Gwanak-gu in Seoul Special Metropolitan City, thereby putting the victim in a singing room, putting the victim’s grandchildren, putting the shoulder in good hands, and putting the victim into a dump to the victim following the ppuriist, the victim himself, etc., and herself, by forceing the victim by force, such as singing the victim into the victim’s body, singing the victim into the victim’s body, singing the victim into the victim’s body, singing the victim into the victim’s body, and thereby, the victim suffered from the victim’s adaptation disorder requiring treatment for about 3 months, and the right-hand sump, which requires treatment for about 2 weeks.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement by the prosecution against C;

1. A criminal investigation report (Submission, etc. of a medical certificate), an investigation report (Submission, etc. of a submitted data);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to CCTV afforestation data;

1. Articles 301 and 298 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 32(1) and Article 33 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Registration of Personal Information under Article 16(2) of the Act on Special Cases concerning the Disclosure of Registered Personal Information and the Punishment, etc. of Sexual Crimes under Article 37(1) proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment,

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