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(영문) 대전지방법원 2013.04.04 2012고합778

강간치상

Text

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

Defendant on September 28, 2012 04:30 on September 28, 2012 D’s required in Taeduk-gu C in the World Wartime.

At the room No. 3, the above main employee E (n, 32 years of age) and drinking, while drinking the above main employee, it was difficult for the victim to put the finger in the body of the main employee, and put the breast in the bucks of the victim.

The Defendant, while walking the part of the victim's primary feet, knenee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, tried to rape the victim.

However, when the victim gets a sound and resisted with the wind of the defendant, the defendant did not bring about his intention, and the victim suffered an injury to the left-hand lap, which requires medical treatment for about 15 days.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Requests for appraisal;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each photograph (to the upper part of the victim, the arrival, etc. of the victim);

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. Where a conviction becomes final and conclusive in relation to the instant crime subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information as prescribed by Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency

In light of the fact that there is no criminal record against the defendant as to whether to issue an order to disclose or notify registered information, and that the defendant committed the crime of this case by contingency while under the influence of alcohol, it is difficult to view that the defendant has a habit of sexual assault.