beta
(영문) 수원지방법원 2016.03.17 2015고합582

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 2015, the Defendant: (a) purchased one of the excessive (10 cm in length, 20 cm in total: 20 cm in length) from the mutual influence point near E located in Heung-gu, Young-si to use in committing the crime, and purchased one green stuff tape at the mutual influence point near the said iron shop.

After that, on January 12, 2015, the Defendant promised to leave the victim G(F) and only the conditions with the “F” by using a smartphone-making hosting guide around 17:00 on January 12, 2015, and thereafter, was accommodated with the victim “Iel” in Suwon-si H(206) in Suwon-si, Suwon-si.

At around 18:06 on the same day, the Defendant saw 18:06 above her clothes to rape the victim, and laid off his clothes, and her clothes, and she saw her excessive surplus and stuffed in a bath room 206 where the victim she saw a shower, and she tried to rape by suppressing the victim's resistance by suppressing the victim's resistance to prevent the victim from harming the victim from going over by going through a shower 206, where the victim she saw her shower, but she did not resist her completely and bring about her intention, but she did not go back to the attempted crime while the victim she got about 2 weeks of treatment. In the process, the Defendant she suffered from the victim a left hand hand, which requires approximately 2 weeks of treatment.

As a result, the defendant tried to rape the victim with excessive custody of dangerous objects, but he attempted to commit the attempted rape, but he was thereby injured by the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Recording notes (G);

1. Statement of the police statement related to G;

1. Written statements of J and K;

1. Police seizure records and list of seizure;

1. CCTV photographs, etc.;

1. A medical certificate;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 2) confiscated;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;