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(영문) 대구지방법원 2019.07.17 2019고합204
강간상해
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

The Defendant, at around 16:00 on May 16, 2019, tried to engage in sexual intercourse with “C” located in Yongcheon-si B, Yongcheon-si, the Defendant: (a) was in conversations with the victim D (one’s name, two years of age, 49) who was found in order to request painting; (b) was towed by the Defendant’s own arms and arms of the victim; (c) went off the victim’s own clothes despite the victim’s sound and resistance; (d) went off the victim’s hair, arms, and clothes in hand; and (e) took off the victim’s head, arms, clothes, and clothes from the floor and the wall; and (e) was tried to engage in sexual intercourse with the victim’s will and panty going beyond the floor, but the victim was not able to escape while resisting the breath and making the escape.

As a result, the defendant attempted to rape the victim and attempted to commit rape and damaged the character of the head and other parts of the victim in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E or D;

1. Each investigation report (in relation to the attachment of a report processing table, attachment of a medical certificate, the head of office at the scene of the crime and the statement of related persons, the results of appraisal shall be pertaining to the results of appraisal), the report processing table, diagnosis certificate, field photograph, etc., and the report requesting appraisal;

1. Report on internal history (Attachment of a photograph of the victim), application of Acts and subordinate statutes governing the body photograph of the victim;

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. In full view of the details and details of the instant crime under Article 44-2(1) and (2), and Article 2-3 subparag. 2 of the Act on Probation and Medical Treatment and Custody, etc., the Defendant’s criminal records, the statement of the Defendant and the relevant persons, and the result of inquiry into the F Hospital of this Court, etc., the Defendant needs to receive a medical treatment order as a person who has a habit of drinking alcohol or has been addicted thereto, and has received a medical treatment order.

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