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(영문) 수원지방법원 성남지원 2019.09.05 2019고합122

강간치상

Text

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

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

Reasons

Criminal facts

On May 17, 2019, the Defendant tried to engage in sexual intercourse with the victim, including the victim’s chests and the scarkes, who were in Seongbuk-gu, Sungnam-gu, Sungnam-gu, and 48 years of age, after having the victim enter the matet, after having the victim enter the mat, and opening the mat entrance, which was opened from the part of the Defendant’s arms, after taking the victim’s neck coming into the mast to the inside of the calculation unit out of the Defendant’s arms, leading the victim to the mat, leading the victim to the inside of the mat, and preventing the victim from going beyond the upper part of the mast, leading the victim from going into the upper part of the victim’s chests and the scarkes and scars, etc., but the victim failed to complete the part of the victim’s clothes and scarbs, etc., and did not suffer any injury to the victim during the second part and the second part of the bal bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. C’s statement;

1. Investigative reports (to hear statements from victims);

1. A medical certificate of injury and a detailed medical statement;

1. Application of Acts and subordinate statutes to field photographs (three copies), CCTV images closure photographs (15 pages), damaged parts photographs;

1. Articles 301 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

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; and the accused has no same criminal record in addition to the records of the juvenile protection cases