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(영문) 부산지방법원 2013.05.31 2012고합1190

강간상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 28, 2012, the Defendant, along with C and her female job offers victim D (the age of 18) who was a new wall, went home in the middle of Busan Northern-gu, called “I would go home,” and entered the Defendant’s “Fel” as 602 in Busan Northern-gu.

At around 06:50 on the same day, the Defendant tried to have the victim engage in sexual intercourse by putting the victim out of the clothes of the victim, putting the victim on a beds. However, while the victim continued to have a resistance, the Defendant was unable to resist the victim by making the victim’s bucks and bucks, due to the defect of the resistance.

The Defendant, who does not operate the air conditioner as referred to in 602, changed the room by telephone to the telecomer, and entered the victim's own seat with 605 heading him, and tried to have sexual intercourse with the victim continuously after cutting off the victim's clothes, but the Defendant attempted to have sexual intercourse with the victim's wind that the victim refused.

As a result, the defendant attempted to rape the victim, and caused the injury to the victim's right mouth, which makes it impossible to identify the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Each police statement made to D or C;

1. Photographs photographs of damaged parts, and photographic photographs at the time of damage;

1. Application of the Kakao Stockholm statutes

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. The assertion of the accused and the defense counsel under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.