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(영문) 대구지방법원 2016.02.17 2015고합418
강간상해
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the so-called “E” vocational placement office in Daegu Dong-gu (hereinafter “E”) and the victim F (V) is a person who sent the above occupation placement office to a so-called “Sing-do” in a singing room, etc.

On March 17, 2015, around 09:30 on March 17, 2015, the Defendant sent the victim by telephone at the above occupation placement office, and prevented the victim from resisting the victim's left side bucks by making the victim's head pucks and elbbbing in a hand.

Then, the Defendant stated that the victim “be off of clothes” is “D. d. d. d. d. d. d. d. d. d. d. d. d. on the floor” at the above job placement room, and placed another victim on the floor, and had sexual intercourse with

As a result, the defendant raped the victim, and led the victim to the left-hand side of the victim in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including photographs attached thereto);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. There is a risk that a criminal defendant may recommit a sexual crime in light of the background of his/her crime, his/her age, family environment, social relationship, history of punishment (no sexual crime record), relationship with a victim, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

It is difficult to conclude the registration of personal information and lectures to treat sexual assault.

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