(영문) 의정부지방법원 2013.10.25 2013고합362

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줄 간격

자간(%)

(영문) 의정부지방법원 2013.10.25 2013고합362

강간등

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

Criminal facts

1. The Defendant, at around 01:00 on August 10, 2013, performed drinking at the house of the victim D (n, 42 years of age) who is a former wife of the Government Carryover 201, and found out that he/she continued to do so by having the victim off his/her clothes on the side of the victim who she was forced to do so for himself/herself, and even though he/she was sealed the Defendant, he/she took a bath, such as “Ch”, and took a part of the victim’s chest and sound on his/her hand for a few hours, despite having been sealed by the Defendant, even though he/she was sealed by the Defendant, at around 05:00 on the same day, even though he/she was sealed by the Defendant, he/she did not resist the shoulder of the victim, and raped the victim once.

2. The defendant attempted rape: (a) around 01:00 to 03:00 on August 19, 2013; (b) found that he drinked at the victim’s house; and (c) held the victim’s house back to the bend of the victim who divers down in the bed for himself, and held the victim’s hand over and pushed his hand over; and (d) whether he or she neglected the victim’s hand.

(h) Cropics. Gropics will be discarded without harming sexual intercourse.

The term "the victim's chest and sound are met in several times by hand, and the victim, as a result of the victim's appearance, was lying the victim who was seated in the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the victim's body. The victim again turns the defendant into the bend to the extent that it does not occur during one month.

The death will be discarded.

B. It refers to "Islland in Busan" and tried to rape the victim, but the victim did not request the victim's child in his/her ward to help, and the victim did not report it to 112 and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the interrogation protocol of the defendant by the prosecution (second time)

1. Application of the police statement law to D;

1. Article 297 of the Criminal Act, Articles 300 and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 of the Criminal Act for mitigation of attempted crimes

참조조문

-형법 제25조

-형법 제297조

-형법 제300조

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