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(영문) 수원지방법원 안산지원 2014.02.14 2013고합386
강간치상등
Text

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

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

Reasons

Punishment of the crime

1. At around 01:50 on November 18, 2013, the Defendant: (a) entered a female bathing room on the second underground floor through a sobrying Dogna, “D Dogna,” and opened a visit to the personal body room of the victim E (the 47-year-old age), who is the deceased, during a sobrying.

The Defendant discovered the victim who was diving at a mashing place, kneeing out kneeing out, and then obstructed the victim's kneeing with his body and kneing the victim's resistance, and attempted to rape the victim. However, the Defendant attempted to commit an act by F, another third person, who was aware of the victim's non-surging and flaging the victim's non-surging, thereby resulting in the victim's injury, such as surgical surging, left-hand surging surging, etc. during this process.

2. In order that the victim F (the 54 years of age) would flee because of the occurrence of the crime at the above date, time, place, and place, the victim F (the 54 years of age) was plicked, plicked up the right blue and the hand blue blue of the victim with his hand in order to get out of the defect preventing escape.

As a result, the Defendant inflicted an injury on the victim, such as a friendly dog, a subjective salt, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to photographs by reporting an investigation (such as the details of receipt of the report), photographs of the scene of the crime and the state of damage, each letter of diagnosis of injury, table of 112 reported case, and closure related to the crime;

1. Relevant Articles 301, 300, 297 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury resulting from rape and the choice of a limited term of imprisonment) concerning criminal facts;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for the crime of causing serious rape)

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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