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(영문) 서울동부지방법원 2016.02.15 2015고합361
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 6, 2015, at around 03:25, the Defendant ordered the victim’s alcohol in Seongdong-gu Seoul Metropolitan Government “E main store” operated by the victim D (name, 59 years of age) to provide alcohol to the victim, and tried to rape the victim with whom the victim is preparing for the safe line at the home, and to lock the main door of the house and to cut off the knive knife, which was a dangerous object used by the victim for the victim’s cutting down his/her excessive work, with his/her own hand, and then cut the knife onto the left shoulder of the victim. The Defendant threatened the victim with “one-time defect”, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried dangerous things and tried to rape the victim, but he attempted to commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

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

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to guidance photographs on crime scene;

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant in this case)

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