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(영문) 수원지방법원 안산지원 2014.05.19 2014고합43
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

1. The defendant shall be punished by imprisonment for three years;

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

3.

Reasons

Punishment of the crime

At around 22:30 on January 31, 2014, the Defendant: (a) knew of the fact that the victim her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her s his her her his her her her her her her her her her her her her s

Accordingly, the defendant, with dangerous things, raped the victim by assault and intimidation, thereby causing the injury of the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness D;

3. Each prosecutor's office and police statement concerning D;

4. Medical records for victims of sexual assault;

5. Application of each statute of photograph;

1. Relevant Articles 8 (1) and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act;

2. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (a person suffering from mental illness due to de facto mitigation);

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders;

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

7. The Defendant is deemed to have committed the instant crime under the influence of under the influence of alcohol, with a view to satisfying the requirements for the punishment, etc. of sexual crimes committed under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

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