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(영문) 서울남부지방법원 2014.05.22 2014고합58
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 200 hours against the defendant.

Reasons

Punishment of the crime

From around 01:00 to 02:00 on December 4, 2013, the Defendant: (a) at the heading house operated by Geumcheon-gu Seoul Metropolitan Government F (the 44 years of age); (b) at the heading house operated by the victim D (the 44 years of age); (c) at the time when the victim had no other customer inside the heading house while drinking the victim, he was able to rape the victim; (d) the victim was faced with the body of the victim; (e) the victim was faced with the body of the victim; (e) the victim was fright away from the victim’s bar; (e) the victim was forced to go off; (e) the victim was forced to go off; and (e) the victim was attempted to rape, but the Defendant did not come into a wind that does not have the Defendant’s sexual organ, and (e) the victim was suffering from the victim’s erode and the erode ties that require two weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs submitted to victims;

1. Relevant Articles of the Criminal Act and Articles 301, 300, 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Whether a case constitutes “any special circumstance to not give notice of personal information” provided for in the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “a special circumstance to not give notice of personal information” means the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the characteristics of the offense in question, the degree of disadvantage the Defendant

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