logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.15 2016고합96
강간치상
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

On October 5, 2015, the Defendant became aware of the victim C (V) at the PC room at the PPC (PC), and around October 15, 2015, around 05:00 on October 15, 2015, the Defendant met the said victim at the drinking house near the Dongdaemun-gu Seoul National University, Dongdaemun-gu, Seoul, and drink at around 07:00 on the same day, and 07:00 on the same day, and was locked with the victim, the Defendant was divided into the victim’s chest at the guest room, with the victim’s chest at the Ecom 502 located in Dongdaemun-gu, Seoul, with the condition that he was locked.

The Defendant continued to capture the victim’s hair by gathering the victim’s hair, which the victim’s head was about to go out of the outside, and attempted to rape the victim after suppressing the victim’s resistance. However, the Defendant continued to kill the victim and sound, but did not commit an attempted crime with the wind to resist and resist the victim.

However, due to this, the victim suffered injury, such as a scarcity bed, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Statement of a report on investigation (to hear statements from a victim's telephone);

1. Application of Acts and subordinate statutes written diagnosis of injury;

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes;

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

arrow