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(영문) 춘천지방법원 속초지원 2016.05.26 2016고합7
강간치상등
Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On March 3, 2016, the Defendant: (a) driven a Crane car on March 201, 2016, and passed through a quarantine station in the vicinity of the Jinsung-gun of the Gangwon-gun; and (b) went to the Sung-gun, the Defendant, at around 14:00 of that day, tried to make a rape by reporting that the victim D (V, 60 years of age), who drinks alcohol at first to the steering line, was drunk; and (c) followed the “F” in E, set the said car on the roadside of the convenience personnel D.

In addition, the defendant, by going outside the body of the victim, takes the body of the victim by exposing the body of the victim, and walking the victim with the body of the defendant, kids the victim's upper part and inner clothes together, and booms the victim's chests as soon as the victim's chests, takes the face of the victim who resists against the victim several times as the defendant's drinking, restrains the victim's resistance, and tried to engage in sexual intercourse with the victim, such as cutting off the victim's inner part and the clothes, but the victim was frightd with the victim's body, opening the top door of the above vehicle, and escaped. Accordingly, the victim suffered from the fOS of the face that needs to be treated more than two weeks, and the scarkes of the chest wall, etc.

2. On March 6, 2016, from around 19:40 to from around 22:16, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.113% in the blood alcohol level on the front road of the Dong name parking lot located in the Sin-si Sin-si from the front side of the Dong name parking lot located in the Sin-si Sin-si, to the front side of the Sin-si Sin-si Sin-si through the road following the “F” as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or G;

1. Report on the ledger of use of a drinking measuring instrument, report on the results of regulating the driving of drinking, and report on the situation of driving of drinking;

1. A medical certificate;

1. A photo of damaged parts, each on-site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 301 of the Criminal Act applicable to the facts constituting a crime and Article 301 of the choice of punishment.

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