logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.04.11 2013고합18
강간상해등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Around 15:00 on July 2, 2012, the Defendant: (a) entered and talked with the victim C (V) who was a woman-friendly Gu in the past in the Kimhae-si, Kimhae-si, the Defendant laid his cell phone from the victim's cell phone to the floor, laid the victim's cell phone, laid the victim's cell phone on the floor, opened the victim's scam on the bed, prevented the victim from falling off on the bed, putting the victim's hand, putting the victim into the bed, and putting the victim's sexual organ into the negative part of the victim, inserted the victim's sexual organ into the part of the victim, putting the victim's seat, prevent the victim from suffering with his hand, and scam the victim's face from other hand.

As a result, the defendant raped the victim and inflicted bodily injury such as an inner galthnoopian and salted thalthot, and damaged one cellular thalthot, where the market price of the victim's ownership is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, C, G, and H;

1. Copies of the statement of the police officer I prepared;

1. Each investigation report (the attachment of CCTV photographs taken at the site of the case, the photographic photo taken out at the site of the case, the photographic photo taken by the damaged victim, the photographic photo taken by the damaged victim, the photographic photo taken by the suspect, and the photo taken by the damaged victim);

1. A written diagnosis of injury to C prepared by J of a doctor;

112 Application of Acts and subordinate statutes of the 112 Table of Receipt and Handling of Criminal Reports;

1. Relevant Article of the Criminal Act, Articles 301, 297 of the Criminal Act, and Article 366 of the Criminal Act (the point of injury by rape, the choice of limited imprisonment), the choice of punishment for the crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of rape and injury with heavy punishment]

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes:

arrow