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(영문) 부산지방법원 2014.01.10 2013고합533
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 15, 2013, around 14:20, the Defendant told the victim E (here, 27 years of age) from Vietnam, who was aware of through Internet hosting in the vicinity of the “Dmotour” located in the Geum-gu, Busan, the Defendant provided meals to the victim E (here, 27 years of age) and attempted to rape the victim, and stated that the victim “I would have to be easy, so the Defendant entered the Mamoto, and 2 the Mamoto.”

As above, the Defendant: (a) had the victim enter the above telecom 703 unit; (b) locked the entrance; (c) tightly sealed the victim’s head debt by hand; and (d) breaking the victim’s shoulder in the bed; and (c) breaking the victim’s face into the victim’s body in hand; and (d) forced the victim’s resistance to the victim’s resistance; and (e) obstructed the victim’s panty and rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences]] 1 year and six months to fifteen years [the scope of applicable sentences]: sex crimes, general standards, rape (subject to the age of 13 or more), and the scope of recommended sentences for general rape (subject to the age of 13 or more): Imprisonment with prison labor for 2 years and six months to five years (basic area] (decision of sentenced sentences], the crime of this case in June and six years is committed by the defendant first only or rape with the victim he/she became aware of through Internet hosting, in light of the circumstances of the crime, contents, and the circumstances after the crime.

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