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(영문) 서울서부지방법원 2016.10.13 2016고합229
강간치상
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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

At around 08:00 on April 17, 2016, the Defendant tried to look at the chest of the victim G (the 24 years of age) who was present at the drinking place as an employee, but was rejected, the Defendant intending to leave the victim's shoulder by hand, put the victim's shoulder on the sofa, and fright the chest. The victim attempted to abscond out, but again she was placed on the knife the knife and knife the knife the knife of the victim's knife the knife and knife the knife of the knife. The Defendant tried to interfere with the victim's entrance and knife the knife of the knife and knife the knife of the victim's knife. However, the Defendant attempted to have sexual intercourse with other knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to G, H and I;

1. Photographs of the victim's body;

1. On-site CCTV;

1. Application of Acts and subordinate statutes to report on investigation (referring to a victim or suspect's request for appraisal);

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse asserts that the defense counsel’s assertion regarding the defense counsel should apply the crime of attempted rape, rather than the crime of causing rape, to the Defendant’s act, on the grounds that the superior position that occurred to the victim does not constitute “injury

It is very minor that the injury caused by rape is necessary to treat.

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