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(영문) 수원지방법원 평택지원 2018.04.02 2017고합184

강간상해

Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On March 3, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny in the Daejeon District Court’s Incheon Branch, and completed the execution of the sentence in the Daejeon Prison Branch on September 18, 2016.

[Criminal facts] Around November 7, 2017, the Defendant 01:30, while drinking alcohol at the main point of “E” operated by the Victim D (M, 52 years of age) at Ansan-si, 2017, when other customers left with the victim, the Defendant was able to commit rape.

The Defendant tried to rape with the victim, who was arranging other tablers, by moving the chest into a knife and fasting the bottom, and by turning the knife on the part of the victim, on twice the knife with another hand on the part of the victim, while the victim tried to commit rape by using a knife knife and knife the knife;

There are many hotels, why there is a hotel, and it is necessary to do so.

As "I wish to respond to sexual relations when moving to another place", I ceased to commit the crime.

The victim continued to avoid the defendant's snow and tried to rape the victim after putting the victim's chest to the her relative F with the defect of telephone and the victim's breast by hand. However, the victim did not go to the F who arrived at the victim's contact but did not go to the victim's attempt.

As a result, the defendant tried to rape the victim, and the victim suffered bodily injury such as a scarcity in the past, a scarcity in need of treatment for about 2 weeks, and a safe opening of noise from the outside.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by each prosecutor with respect to D or F;

1. Statement made by the police with regard to D;

1. Written statements of D;

1. Investigation report ( telephone conversations with witnesses);

1. A written diagnosis of injury;

1. Relevant photographs;

1. Previous conviction: Determination on the defendant and his defense counsel's assertion in reply to criminal history inquiry, investigation report (the confirmation of the date of final release from office)

1. The alleged defendant only attempted to commit rape with the victim who had drinking alcohol and attempted to commit rape with the victim.