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(영문) 서울동부지방법원 2016.02.04 2015고합355
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 26) have been a one-year teaching system from December 2014 to around December 5, 2015.

Around 08:00 on December 8, 2015, the Defendant: (a) Inasmuch as the victim was in alliance with another male in front of the victim’s house located in Gangdong-gu Seoul Metropolitan Governmentro (dong) route (dong), the Defendant asserted with the victim; (b) opened a front door and entered the house with the victim, and (c) opened the door door to the victim, and (d) opened the door to the victim, and went on the part of his hand

The defendant continues to engage in sound with another hand over the victim's face and sliff, fing the victim's face and sliff, fing the victim's shiff, taking the victim's shiff, taking the knife, and knife a knife (18.5 cm in knife) which is a dangerous object that he had knife in the kitchen, and passing the sound with the victim's knife.

"......" After being attached to the tape of the victim, the victim’s face, etc. continues to be placed in the hands of the victim, and the victim cannot resist the victim due to the defendant’s knives, taking the knife on the floor, taking the knife the victim’s knife, and taking the victim’s knife on the floor, and sexual intercourse one time against the victim’s will.

As a result, the Defendant, carrying dangerous things, raped the victim, and inflicted injury on the victim, such as the left-hand side of the victim in need of treatment for about two weeks, and the infection of the parts of both grandchildren.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with respect to C;

1. A photograph of the damaged part, and a diagnosis report;

1. Seizure records;

1. 112 The details of the processing of the reported case, the application of each request for appraisal-related statute; and

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

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. Order to complete a program;

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