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(영문) 의정부지방법원 2016.06.29 2016고합170

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

From January 26, 2016, the Defendant resided in D’s 9th floor in Namyang-si, C Building in order to rape the victim E (V, 24 years old) who lives in one’s own defense, while living in the D’s 9th floor in Namyang-si.

On April 22, 2016, at around 05:10 on April 2, 2016, the Defendant: (a) opened a visit before the above D Public Notice; (b) opened the door door to the victim; and (c) opened the corridor to the hallway the victim; and (d) opened the victim’s hallway; (b) opened the victim’s chest with his hand; and (c) attempted to engage in sexual intercourse with the victim after having the victim resisted the victim’s chest with his her neck; and (d) prevented the victim from resisting against the victim; (b) did not result in the victim’s sound and resistance; (c) did not result in the victim’s injury, such as the impairment of the character of ma, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A certificate of diagnosis of an injury, or photographic part of an injury;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the accused has no history of sex offense, and the accused is likely to recommit a sex crime in light of the following circumstances

It is difficult to conclude other benefits and prevention effects expected by an order of disclosure or notification, and thereby disadvantage and disadvantage the defendant.