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(영문) 수원지방법원 2018.09.13 2018고합125
강간상해
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 27, 2017, the Defendant: (a) around 01:00, at a marina business establishment where the victim D (one name, half-year old, and 34) works in Seongbuk-gu, Sungnam-si; (b) placed the victim's arms and legs on the bend; (c) placed the victim's arms and legs on the bend knee; (d) placed the victim's arms in the bend knee; (e) kid the victim's head with his hand; (e) kid the victim's chest, chest, and flad the victim's resistance; and (e) flad the victim's head head with his intention to escape out of Korea on his hand; and (e) flad the victim's head with his head head head, and flad the victim's head with about 2 weeks treatment.

Accordingly, the defendant has sexual intercourse with the victim and has injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, E, and F (the principal of the victim's business);

1. Some statements concerning the accused in the prosecutor's office and the police interrogation protocol;

1. Statement made by the public prosecutor and the police concerning D;

1. Statement statement by each police officer on E or F (the head of the injured business);

1. A written statement prepared in D;

1. CCTV images (No. 14 No. Serials of evidence);

1. The parts of damage, on-site photographs, and diagnosis reports of victims;

1. Investigation report (the result of an emergency appraisal of a victim);

1. Application of investigation reports (STV image verification), investigation reports (as to whether business establishments are illegally traded), 'Mabro business entities' registration certificates, investigation reports (as to whether the president of the Mbro business has been punished for sexual traffic - application of statutes)

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

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

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’s age, the type of the instant crime, and the type of the instant crime).

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