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(영문) 서울중앙지방법원 2015.09.04 2015고합286
강간상해
Text

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

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

Reasons

On September 22, 2014, from around 22:00 to around 22:0, the Defendant drinked alcoholic beverages with the victim C (n', 31 years of age) at the main point located in Gangnam-gu Seoul Metropolitan Government, and then she must go to the telecom with the home. The Defendant stated that “I am able to go to the home if I want to go to the home. I am her first to go to the her home.” On September 23, 2014, the Defendant was raped with the victim’s arms attached to the E hotel located in Gangnam-gu Seoul Metropolitan Government E in Gangnam-gu, with the victim’s arms who want to go home to move to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing legal statements of victims;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following 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. Determination as to the defendant and his/her defense counsel's assertion on Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (inasmuch as there is no criminal history against the defendant, and only the completion of personal information registration and sexual assault treatment program can have the effect of preventing recidivism, it is deemed that there are special circumstances that should not disclose or notify the personal information of the

1. The gist of the assertion is that the defendant either exercised tangible power or attempted sexual intercourse with the victim at the telecom.

2. In light of the following circumstances acknowledged by the record of judgment, since the defendant can sufficiently recognize the fact that the victim has prevented the victim's resistance and sexual intercourse with the victim by force at the time of the instant case, the defendant and the defense counsel's assertion shall not be accepted.

The credibility of the victim’s statement at the time of the instant case.

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