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(영문) 수원지방법원 안산지원 2015.02.06 2014고합386
강간
Text

1. The defendant shall be punished by imprisonment for three years;

2. The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 24, 2014, at around 22:00, the Defendant: (a) was playing with the Victim F (F) who was an entertainment receptioner (hereinafter “Esinger”) at the second room of “Esing room” located in Ansan-si, a member-gu, an Ansan-si; (b) on September 25, 2014, the Defendant was in the process of drinking alcoholic beverages with the Victim F (hereinafter “Esinger”); and (c) on September 25, 2014, the Defendant was unable to drive the victim’s body on either hand, and was placed in the part of the Victim’s body, after having pushed the victim’s panty, she was pushed off with another hand.

In addition, the victim's body is frighten and sound is so strong that the victim's body is frightened, the victim is forced to sustain the victim by her hand, the victim stops her resistance by her hand, the victim is prevented from suffering the victim by her hand, the victim is off her will and panty with another hand, and the victim has sexual intercourse with the victim's body.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

2. Each prosecutor's statement concerning F and G;

3. Each police statement made to F and H;

4. Application of each statute of photography;

1. Article 297 of the Criminal Act applicable to the crimes;

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

3. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Disclosure or Notification of Registered Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: sex crime group - rape of general standards (subject to at least 13 years of age) - Type 1 (general rape);

(b) A special breeder: No person;

(c) Scope of recommendations: Imprisonment for two years and six months to five years (basic areas); and

(d) Scope of recommended sentences revised according to the range of applicable sentences: Three to five years (based on the lowest limit of sentencing range of applicable sentences); and

3. This case shall be subject to a ruling of sentence:

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