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(영문) 수원지방법원 안산지원 2016.08.12 2016고합166

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 05:50 on April 30, 2016, the Defendant completed ten-year-merchants C (nick, 45 years of age) and night-time service compared to the Defendant’s interest on the workplace rent, and became the victim’s residence in the same day after drinking alcohol at a restaurant near the victim’s residence, and then became the victim at around 11:00 on the same day.

The Defendant: (a) was able to rape the victim in a ward; (b) was frightened on several occasions; (c) was frightened on the victim’s shoulder; and (d) was frightened on several occasions; and (d) the victim was frightened on the part of the victim; (c) however, the Defendant continued to lying the victim on the part of the victim, who was frightened on the part of the victim, was able to use a locking device after the escape.

The defendant forced by visiting the victim, resulting in a dangerous matter in mind of rape of the victim, brought about a kitchen knife (the total length of 31cm, 18.5cm) and excessive (the total length of 31cm, 22cm) (the total length of knife length of 31cm and 22cm). In order to make a visit by force, the defendant collected the above knife and excessive knife in the knife for about 15 minutes in the knife, and failed to bring about a criminal attempt by the police after receiving a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. The investigation report (the victim sent to children);

E Contents Attachment)

1. Application of field photographs and knife photographs;

1. Relevant legal provisions concerning criminal facts, and Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information, and children and juveniles.