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(영문) 광주지방법원 2019.11.29 2017고합488
강간치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant became aware of the victim B (n, 47 years of age) and about 4 months prior to his death, and they were sponsed with each other.

On June 11, 2017, at around 03:20, the Defendant demanded the victim to engage in sexual intercourse at the bank located in Gwangju Northerndong, Gwangju, Gwangju, the Defendant was dismissed from all clothes of the victim by breaking off the victim's left her clothes by breaking off the victim's clothes, and 5-6 bucking down the victim's left her body with her hand with spuckbucks, so that the victim cannot move out the victim's body, she takes part in the part of the victim's her body, and attempted to engage in sexual intercourse after suppressing the victim's resistance, such as cutting off the victim's her body body, she applied for sexual intercourse. However, the Defendant did not go through the wind of the victim, and did not come up with the intent that the victim resisted, and incurred the victim's sprinking, sprinking, sprinking, sprinking, sponsing the body of the victim, etc.

Accordingly, the defendant tried to rape the victim, and thereby, the defendant was injured by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles 301 and 297 of the Criminal Act concerning the crime and the choice of punishment;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 notify, Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the possibility of recidivism by the Defendant’s order to disclose or notify, the degree of disadvantage and anticipated side effects of the Defendant’s entry, and a sexual crime subject

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