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(영문) 대구지방법원 안동지원 2019.09.05 2019고합22

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant became aware of the victim B (a person, brue, 29 years of age) as a fluor of a female-friendly group with a school classout, and thereafter, it was exchanged with the victim through the Social Network Service (SNS).

At around 14:00 on April 4, 2019, the Defendant tried to rape, such as the victim’s will and panty back to buckbucks, which occurred while drinking together with the Defendant’s house C and D, and the Defendant spanished the Defendant’s chest. However, the Defendant resisted the Defendant’s chest by driving it on his hand.

In other words, the defendant tried to keep out of and rape the victim after suppressing resistances, such as cutting down the victim's timber and drinking the victim's massage, etc.

However, the victim refused such refusal and had attempted to flee out of the defendant's house, and the defendant got about four weeks of medical treatment to the victim. In the process, the victim was "the pelle of the 5th relative pelle" and "the pelle of the 5th relative pelle."

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Investigation reports (as to photographs), investigation reports (as to the details of medical records at the victim hospital), investigation reports (as to the recording of the recording file in 112);

1. A copy of medical records, and a medical certificate of injury;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to photograph victims and photographs inside their residence;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;