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(영문) 부산지방법원 2016.12.16 2016고합625
강간치상
Text

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

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

Reasons

Punishment of the crime

On May 2, 2016, the Defendant introduced the victim C (n, 26 years of age) from her land, and first met with the victim. On May 11, 2016, around 05:00, the Defendant solicited the victim to talk with the victim and drink the victim with the second met with the victim's house to drink the alcohol at her own house. On May 11, 2016, around 11:00 of the same day, the Defendant was to care for the victim as the defendant's house located in Busan High-gu D apartment 102 Dong 1808.

At around 13:30 on May 11, 2016, the Defendant, at the above Defendant’s house, her drinking together with the victim, she saw the victim’s desire, taken the victim on the part of the bend, taken the her arms on the part of the defendant, taken the victim’s refusal of sexual intercourse, taken the victim’s legs into the hands of the defendant, she forced the victim’s resistance by taking the victim’s legs toward the victim’s resistance into the part of the defendant’s bridge, and forced her off the victim’s clothes, and she raped the victim by inserting the Defendant’s sexual organ into the part of the sound and the part of the victim’s resistance.

At around 14:10 on the same day, the Defendant continued to rape the victim in a way of inserting the victim's sexual organ into the sponsor, inserting the victim's arms into the sponsor, putting the victim's arms into the sponsor, putting the victim's sponsor, putting the victim's arms into the sponsor, putting the victim's sponsor, inserting the victim's arms into the Defendant's hand, and forcibly inserting the victim's sexual organ into the sponsor of the victim's sexual organ, and thereby resulting in the victim's injury, such as multiple sponsor, which requires three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of the Acts and subordinate statutes governing requests for appraisal, each investigation report, each photograph, each 112 reported case processing statement, diagnosis statement, and response to requests for appraisal;

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

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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