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(영문) 서울북부지방법원 2013.07.19 2013고합153

강간상해

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On May 19, 2013, at around 03:30 on May 19, 2013, the Defendant: (a) discovered the victim E (bee 22 years old) who was fright alone under the influence of alcohol in the vicinity of the drone, and caused the desire of the Defendant to drive away from the victim, and (b) turned back the victim into the victim’s seated female toilet.

The Defendant, after leaving the victim beyond the floor, continued to go through several times, followed the head by hand, and faced with the wall with the head by hand, and tried to get off the wall. However, even though the Defendant tried to get out of the wall, the Defendant did not commit rape with the wind of “the head by sending it only to the house of the Plaintiff,” she did not have the intent to commit rape with “the head by getting out of the wall of the victim by getting out of the wall and getting out of the wall of the victim, and attempting to get out of the wall of the victim, and by putting the victim back again, she would be spris and sprising. I only am. I am. I am. I am. I am. I am. I do not am. I am. I am. I am. I do not am. I am. I am. I do not am.”

As a result, the defendant tried to rape the victim, and tried to take care of the victim for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. A written complaint filed by the victim;

1. A photograph of, or a written diagnosis of injury on the part of the victim;

1. Application of the Acts and subordinate statutes to the victim and the suspect photograph taken by CCTV near the scene of each investigation, the photograph of the victim and the suspect's photograph recorded in CCTV near the scene, or the suspect's photograph recorded in CCTV near the scene of the crime;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);

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. Punishment of sexual crimes committed before order to complete program;