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Reasons
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(영문) 춘천지방법원 2015.11.27 2015고합100
강간상해
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2015, at around 23:50 on August 23:50, 2015, the Defendant moved to the Defendant’s house in front of the Defendant’s house, to the victim E (at 50 years old), who had a usual sense of care, as the Defendant’s house, but the victim refused it, and forced the victim to commit rape, and forced the victim to commit rape.

At the above defendant's house, the defendant is doubtful of the male relationship of the victim, and she exceeded all the victim's clothes by stating that "I am sing off and sing off several times from the president of the department," and continuously "I am sing away from the victim's clothes, I am sing away from her body and do not her parents, and his father also died of his head on the cement floor," "I am sing off if I am sing off, I am dead, if I am sing off, I am dead, and I am dead until I am sing off, I am sing off the victim's head, hair, and sing off the victim's body, sing off the victim's body, and sing off the victim's hand, and even if I am am sing off the victim's hand, I am am sing off the victim's hand."

Accordingly, the defendant raped the victim and got about three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of each on-site photograph and each statute of limitation on damage;

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

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

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or lecture attendance order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. An order of disclosure; and

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