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(영문) 대전지방법원 천안지원 2017.08.09 2017고합106
강간치상등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on May 10, 2017, the Defendant: “F” in the “F” room 2 of the Victim E (F, 46 years of age)’s operation “F”; (a) led the Victim to be forced to leave the Victim on a small wave; and (b) opened the entrance in the singing room; (c) detained the Victim by blocking the entrance; (d) cutting the Victim’s two arms above the victim’s head; and (e) cutting the victim’s two arms and pans; and (e) putting the victim’s face to the right end, she did not come to the victim’s face; and (e) she did not take rape on the part of the victim, she did not take treatment, such as she did not take any injury to the victim, and tried to take treatment of the victim, she did not take part in the victim’s face.” (g) At the same time, she did not come to the victim’s face.

Accordingly, the Defendant attempted to rape the victim through violence or intimidation, thereby resulting in injury to the victim, and detained the victim for about one hour as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. A written diagnosis of injury;

1. Arrest report, internal investigation report, and investigation report of the occurrence of the case (attached to the submission of a written diagnosis of injury to the victim, submission of a written diagnosis of the victim out of the case, visit to the site of the case, taking photographs of the scene of the case on May 10, 2017, and attaching photographs of the victim’s upper part of

1. Application of the provisions of G dialogue, suspect standing photographs, victim standing photographs and Acts and subordinate statutes;

1. Articles 301, 300, 297 of the Criminal Act and Article 276 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on a person causing serious rape);

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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