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(영문) 수원지방법원 안산지원 2013.11.29 2013고합154
성폭력범죄의처벌등에관한특례법위반(강간등치상)
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

Around May 21, 2013, the Defendant: (a) under the influence of alcohol, found a victim E (here, 26 years of age) who was located in Ansan-si, a member E (here, 26 years of age) was able to discern things or make decisions; and (b) was able to find out the victim who was home in front of the loan, and she was able to do so; and (c) infringed on the corridor of 1st floor through the joint entrance of the above loan.

Therefore, the defendant forced the victim to take a password to open his house entrance in the above corridor, and forced the victim's resistance by cutting the neck by one hand and by other hand.

Then, the defendant was unable to move the victim by fasting the victim with the inner wall of the corridor, etc., and was exempted from the panty of the female up to knee under the knee, and got the kne of the victim into the negative part of the victim, and got the chest by other hand.

As above, the Defendant suffered approximately two weeks of medical treatment from the victim in the course of assaulting the victim’s residence by assaulting the victim’s residence, such as the victim, and committing an indecent act, and geling the victim’s female.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Photographs of the victim's injury, picture of the scene of the crime, photo of the CCTV at the scene of the crime, data of the CCTV at the scene of the crime, comparison of data of the CCTV at the scene of the crime, comparison of data of photographs of the CCTV at the scene of the crime, photographs of the screen of approval before the use of the suspect card, injury diagnosis, CD-recording data, and investigation report

1. Application of the instant CD-related statute

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Statutory mitigation;

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