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(영문) 의정부지방법원 고양지원 2013.11.08 2013고합95

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

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

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

Reasons

Punishment of the crime

At around 01:05 on May 12, 2013, the Defendant purchased the excessive amount of a dangerous weapon at the convenience store in order to rape by threatening women with a knife from the D D building in Goyang-gu, Goyang-si, Goyang-si, Goyang-si, and found a female toilet. The Defendant discovered the victim E (the age of 26) who entered into a female toilet before the elevator No. 11 of the 1st floor of the D building B, and turned away from it.

The Defendant, with left hand, excessively falpeded the victim’s balth and falped the victim’s balle, and her fladdd “as soon as”, led the victim to the female toilet.

Therefore, while the victim intending to go out of the toilet while pushing the defendant, pushing the defendant, leaving the toilet, knife the knife with the left hand, and resisting the above excessive amount, the defendant saw the victim's head, arms, leg part, etc. of the victim, and moved the knife into the toilet by moving the knife and moving the knife into the toilet, leading the knife victim's head, leading the knife victim into the knife, leading the knife and moving into the toilet. However, the victim escaped his sound.

As a result, the defendant tried to rape the victim while carrying a deadly weapon, but the victim failed to commit the rape, and the victim inflicted injury on the victim, such as the left-hand frame and the salke, which require treatment for about seven weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Reports on internal investigation (field situations, etc.) and reports on internal investigation (the extent and state of damage to the victim);

1. A medical certificate and a medical doctor's mental diagnosis certificate;

1. Application of Acts and subordinate statutes on crimeCCTV video CDs;

1. Article 8(1), 14, and 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 297 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012);

1. Articles 10(2) and 55 of the Criminal Act for mitigation of mental disorders.