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(영문) 대구지방법원 경주지원 2013.06.14 2013고합20
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 became final and conclusive.

Reasons

Punishment of the crime

On April 5, 2013, the Defendant, around 22:30 on April 5, 2013, while drinking alcohol in the “E” restaurant operated by the victim D (Inn, 49 years of age), brought the victim who has practiced the mixed colorphone into the lower part of the victim, brought the victim into the lower part of the victim who was pushed the Defendant, and got the victim into the lower part of the victim.

In addition, the defendant continues to drink in the place of drinking, and goes out of the place.

In other words, the victim's head and head of the victim who is about to flee and led the victim to the inner room installed at the main point of the victim's body, and the victim's body was off the victim's body and panty, and the victim's body was over the victim's body, and the victim's sexual organ was inserted into the victim's sexual organ.

As a result, the defendant raped the victim, and inflicted injury on the victim, such as the aggravation of the bones of fingers, which requires medical treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. The police statement concerning F;

1. Investigation report (Attachment of a written diagnosis of injury submitted by a victim) - The injury diagnosis report;

1. Application of the Acts and subordinate statutes to a report on investigation (to identify the upper part of the victim's body and to attach a site photograph taken by the police officer accompanying the police officer), photographs, and report on investigation (to confirm the upper part of the victim's body and attach photographs to

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 repeated in favor of the reasons for sentencing);

1. The proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and an order to notify information [the defendant has no particular criminal records as well as punishment imposed once by a fine due to drunk driving, etc.].

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