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(영문) 수원지방법원 2016.06.09 2016고합180
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

From around 2012, the Defendant divided the victim D (n, 77 years of age) and the personnel of the main building located in the convenience store operated by the Defendant, and was aware of the relationship between the victim and the victim, who was living for the elderly, was able to gather the victim.

On February 1, 2016, at around 18:20, the Defendant: (a) provided the victim with meals at a restaurant near the house of the victim in Suwon-gu, Suwon-si; (b) entered the victim’s house; and (c) entered the victim’s house; (d) divided the victim into his/her hand and body; (b) divided the victim into the victim’s bar and body; and (c) cut off the victim’s bar and panty; and (d) rap the victim’s bar over 30 minutes, off the Defendant’s will and panty; and (d) rap the victim into the victim’s house, which requires approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs and CCTV photographs with visual images recorded in the upper part of the crime scene;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

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. 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(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no criminal history of the same kind; the Defendant’s age, occupation, family environment and social relationship; and the instant crime.

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