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(영문) 인천지방법원 2017.12.07 2017고합435

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From March 2016, the Defendant visited the “E” store operated by the victim D (V, 53 years of age) in Nam-gu Incheon Metropolitan City, Seoul, to become a customer and became aware of the victim.

At around 14:00 on December 3, 2016, the Defendant: (a) am 3 sick at the front door door door door, and (b) am 1102, the Defendant, along with the victim, went to a vehicle driven by F, an employee of F, together with the victim; (c) am 1409, Nam-gu, Incheon Metropolitan City apartment house 1409, and went to 1102, the Defendant’s residence.

The Defendant, at around 16:40 on the same day, 16:40 of the same day, started to sit above the bend of the bend of the bend of the bend of the bend of the bend of the bend, and entered the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend,

In other words, she threatened the victim with clothes off, her bed, sheed off, and her part, and she continued to be off the clothes of the victim with all knife, “A knife knife knife knife knife knife knife knife knife knife knife.” The victim attempted to rape the victim by threateninging “a knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and H;

1. Each police statement made to D, F, and H;

1. Investigation report (Analysis of the verification of on-site CCTV and the case concerning the specific time for crimes);

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, and Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Exemption from an order of disclosure notification;