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(영문) 의정부지방법원 2019.02.01 2018고합435
강간상해
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 11, 2018, in order to help the mother of the defendant in Gyeonggi-do B, Gyeonggi-do, Inc. harvest and gather crops, the defendant committed the victim C through a human resources office (a family name, leisure, 64 years old, China) through a human resources office.

At around 09:00 to 11:00 on the same day, the mother of the defendant sent the above victim to the church, while under the influence of alcohol, and francing the said victim into the house, and francs of the victim's chest by hand.

Therefore, the Defendant, despite the control of the victim, was frightened by having a sound, in spite of whether the victim was able to move out of the entrance, was frightened, and exceeded the victim's panty and panty by continuously leading the victim into the bend, lying the victim into the bend, lying the victim's clothes into the bend, leaving the victim's bend, leaving the victim's clothes into the bend, leaving the victim's bend, leaving the victim's bend off the bend, leaving the victim's bucks, leaving the victim's bucks at once, and preventing the victim from resisting against the bucks.

As a result, the Defendant raped the victim, and inflicted bodily injury on the victim, such as salt panion part of the elbow part in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and a copy of medical record;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, 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 [the defendant's motive and background of the crime in this case, the defendant's age, character and conduct, family relationship, and criminal records (the defendant has no criminal record of the same kind of crime)] are

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