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(영문) 광주지방법원 2012.10.25 2012고합985
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 21, 201, the Defendant: (a) was a national of Cambodia, whose domestic sojourn period expired; (b) and (c) on September 21, 201, the Victim C (FE, 26 years of age, Cambodian nationality) and approximately one year thereafter, she was a police officer at early September 2012.

On September 16, 2012, at around 01:00, the Defendant intruded the entrance of the victim's residence and corrected the entrance in order to have the victim lent to the neighbor at the victim's house located in the Gwangju Mine-gu in order to return it to the neighbor.

Accordingly, the Defendant, who is the victim of sound, frightened the victim by putting the victim's knobs, putting the victim's knobs over the floor by suppressing the victim's face side by drinking it, frightening the victim's face, sexual intercourse once, frightening the victim, preventing the victim from getting knobing by putting the victim's knobs that occur again again, sexual intercourse with the victim once, and rapes the victim in detail that requires approximately two weeks of treatment, and during that process, the victim was influenite, grhying in and around the area of the victim's knobs and snow, damage to the grhym and mouth, and gambling the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the legislation in its opinion;

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1) and 297 of the Criminal Act;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. The defendant and his/her defense counsel's assertion regarding the defendant under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, claiming that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime in this case. However, the record

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