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(영문) 서울중앙지방법원 2019.06.21 2019고합218
강간상해
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around 08:00 on September 5, 2018, the Defendant: (a) had sexual intercourse with the victim D (n, 35 years of age, 10) first on the day in Songpa-gu Seoul (n, 35 years of age, 200; (b) had a sexual intercourse with the victim; (c) had the victim’s head debt with the victim, leading the victim as her head, leading the victim as her head, leading the victim to her face and scood by hand; (d) had the victim’s face and scood on several occasions; and (e) had the victim’s reflectd against the victim’s resistance, and inserted the victim’s sex into the part of the victim’s sound.

As a result, the defendant raped the victim, and committed a 14-day therapy on the two parts and chests in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and each police officer's statement of D;

1. A report on an occurrence;

1. A medical certificate of injury (No. 23 No. 5 of the evidence list);

1. Application of the Acts and subordinate statutes governing the body and body photographs of victims;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The Defendant has no record of criminal punishment for sexual crimes prior to the instant case, while the Defendant has no record of being subject to criminal punishment prior to the exemption from disclosure orders and notification orders under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of

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