(영문) 울산지방법원 2015.02.13 2014고합329

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(영문) 울산지방법원 2015.02.13 2014고합329

강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2014, from around 01:00 to around 02:00 of the same day, the Defendant d', a workplace partner of the building B, Ulsan-gu, Ulsan-gu, B, 303, performed drinking together with the victim E (V, 26 years old)'s daily drinking F and G.

The defendant had been divingd at that place in mind with the mind of rape of the victim, and when the victim knifes the victim's name with only one hand who was pushed the defendant, divided the victim's knife with his hand, and prevented the victim from resisting against the victim, and then, the victim exceeded the victim's panty and the victim's panty, cut off the victim's knife with the victim's sexual organ, cut off the part of the victim's knife with the victim's sexual organ inside the part of the woman, and raped the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reporting on investigation (assigning to the report);

1. Application of the Acts and subordinate statutes of the body of the injured party such as his/her arms (E), letters, Kakao photograph, and prescription (E);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [the scope of the punishment] One year and six months and fifteen years [the decision of the punishment of the punishment of the punishment of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the victim. The purpose of the crime of the crime of the crime of the victim is to indicate the crime of the crime of the crime of the crime of the victim by remitting

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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