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(영문) 대구지방법원 경주지원 2015.07.24 2014고합68
강간치상등
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on May 16, 2014, the Defendant provided a victim F (n, 26 years of age) who drinks alcoholic beverages to the Enoby club D located in Sejong-si and works for entertainment workers at a certain point.

1. At around 02:00 on May 16, 2014, the Defendant purchased sex by giving F KRW 300,00 in return for sexual traffic to Hel 209 located in G at the time of racing and giving F KRW 300,00 in return for sexual traffic.

2. The defendant injured by rape was able to complete the sexual intercourse and take the house when the defendant was unable to take the remaining circumstances while sexual intercourse at the above date, time and place, such as the preceding paragraph.

Although the Defendant demanded that the victim “hing off one time of sex intercourse,” the Defendant, on the ground that the victim refuses to do so, laid down the victim’s her hand floor by leaving the victim’s booms, and her boomed the victim’s buck away from the burine room into his arms.

The Defendant demanded that the victim, who was frighted above, “one further defect,” but the victim, who was frighted, opened a window and went out of the benda in the state of chain.

As a result, the Defendant suffered from the injury of the satisfe salt in both satisfactions requiring treatment for about two weeks.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal statement of witness F;

1. A medical certificate and a medical record book;

1. Four copies of the photograph;

1. Application of Acts and subordinate statutes to a report on internal investigation (for the words and actions related to the case from the dispatch to the site);

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 301, 300 and 297 of the Criminal Act (the occupation of causing rape and the choice of limited imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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. Suspension of execution;

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