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(영문) 인천지방법원 부천지원 2016.05.20 2016고합49

강간상해

Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 00:30 on March 18, 2016, the Defendant, at the house of the victim D (n, 78 years of age) located in the Nowon-gu Seoul Special Metropolitan City C lending X-dong Port, was unable to resist the victim's body with one hand while suffering from kneeing the victim's body and leaving the victim's body with knee knee who was knee in the victim's body, was off the victim's will with another hand and added his sexual organ to the victim's sound and resist it. The Defendant attempted to commit an attempted crime without having the victim's sound and resist it.

As a result, the defendant tried to rape the victim, and had the victim receive approximately two weeks of medical treatment, such as cage cages, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written opinion and a medical certificate;

1. On-site photographs, the defendant and his defense counsel's assertion

1. The Defendant, at the time of committing the instant crime, was physically and mentally weak, whose ability to discern things or make decisions due to the intellectual disability or drinking of class 3 at the time of the instant crime.

2. According to the evidence duly adopted and examined by this court, the facts that the defendant was a disabled person with intellectual disability 3, and the defendant, at the home of the victim prior to the clerical error on March 18, 2016, divided the victim's three groups into three groups, and then divided the victim's one group into one group, at the victim's home. However, the following circumstances acknowledged by the evidence revealed as follows: (a) the defendant started from the victim's home to the victim's house and started to find another victim's house after taking the victim's house to rape; (b) entered the victim's house; and (c) the victim resisted the victim's phone while resisting the victim's rape; and (d) the victim took the phone from the victim's wife.