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(영문) 수원지방법원 2015.04.14 2015고합15

강간치상

Text

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Reasons

Punishment of the crime

Around 18:40 on November 4, 2014, the Defendant: (a) discovered the victim D (one’s name, one’s life, and two-one’s age) coming from a mixed c apartment; (b) followed the victim to prevent the victim from suffering by his hand; and (c) obstructed the victim from suffering by using the sloping of another victim located on the part of the victim; and (d) obstructed the victim from resisting the victim by assaulting the victim by taking the victim’s trees in his hand; and (e) tried to engage in sexual intercourse by taking the victim’s sexual organ into the victim’s sexual organ; (e) however, the victim attempted to have sexual intercourse with the victim by taking the victim’s hair; (e) resisting the Defendant’s hair by his hand; (e) resisting the victim by his hair; and (e) taking the victim’s hair by taking the victim’s hair into custody; and (e) taking the victim’s hair into account the victim’s right to escape; and (e) taken part of the victim’s attempted treatment during the week.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs, such as a victim's photograph, on-site photograph, CCTV-fash photograph, and fash;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information pursuant to Article 43