logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.11.07 2014고합608
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

One (No. 1) of the chains seized shall be confiscated.

80 hours per the defendant.

Reasons

Punishment of the crime

On August 25, 2014, around 13:40 on August 25, 2014, the Defendant saved the victim from the victim D (Woo, 56 years of age) located in the north-gu C and the second floor of Busan, with the view to the victim who was aware of the peace, and tried to leave the victim with a hacker (the length 27.5cm x the diameter 20cm) which is a dangerous object to rape the victim.

around that time, the Defendant tried to open the above door door and close down the head part of the victim's head, and to prevent the victim from resisting. However, the victim's escape out of the building did not lead to the wind. During that process, the victim was placed in two open doors where treatment for about 14 days is needed.

Accordingly, the defendant tried to rape the victim with dangerous things, and attempted to commit rape, and injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (for example, part of the body, the victim's tyrts, etc. to be asked);

1. A certificate of injury, or records of completion;

1. Each investigation report (the confirmation of the state of victim D, 112 reported cases);

1. Application of the existing Acts and subordinate statutes of one (No. 1) to the decline;

1. Relevant Articles 8 (1), 15, and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

1. Articles 52 (1) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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

1. The main sentence of Article 16 (2), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 59 of the Act on Probation

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the reason for sentencing in the main sentence of Article 49(1)2 and (3), the main sentence of Article 50(1)2 and the main sentence of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] 5 to 15 years (the determination of a type] sex crime and 13 years (the result of injury).

arrow