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(영문) 울산지방법원 2018.10.18 2018고합84

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On September 19, 2017, the Defendant opened the gate and opened it to the gate through Mail, and intruded on the residence of the victim, when he was in front of the office of the victim B (n, 21 years of age) located in Ulsan-gu, Ulsan-gu.

The Defendant: (a) the victim who opened and opened a visit speaks that “Ap. ..”; (b) the victim was prevented from suffering the victim with his left hand; and (c) the victim was pushed ahead with his body and tried to engage in sexual intercourse with the victim by taking the victim’s face and boarding on the body of the victim; (d) but, (e) the victim was frighted and frighted and frighted into the victim’s seat and boarding on the part of the victim; and (e) the dog was unable to achieve its purpose with the wind that the dog frights at the victim’s home and fright at the victim’

The Defendant assaulted the victim for the purpose of rape as above, thereby causing the victim to suffer from the diversity impairment of the head’s diversity requiring approximately two weeks medical treatment.

As a result, the Defendant attempted to rape the victim by impairing the victim's residence, but attempted to commit rape, and the victim suffered injury that requires approximately two weeks of medical treatment during this process.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Statement made by the police against C;

1. Reports on internal investigation and investigation reports (Attachment to the list of cases reported, 112);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 8(1), 15, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Articles 319(1) and 297 of the Criminal Act, and the choice of imprisonment with prison labor for abandonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.