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(영문) 대구지방법원 경주지원 2016.05.09 2015고합79
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On December 9, 2015, the Defendant: (a) at D’s main points in the racing-si, the Defendant: (b) took a ceremony along with the workplace club fee, and was unable to smoke out of it; (c) at that place, the Defendant discovered that the victim E (the age of 25) is accompanied by two daughters of the victim.

The victim was a person with a disability of the first degree in the hearing disability who communicates with the victim through the fingerization, and the victim was made by making a conversation with the victim's large father(the fourth year old) and by taking advantage of the fingerization of the victim, and the defendant was aware of the fact that the victim was a person with a disability by witnessing the scene.

After around 01:31 on the following day, the Defendant got around the victim's residence in the racing-si, and tried to rape the victim by impairing the victim's residence, and opened the entrance door and intruded up to the open door with the key displayed in the victim's residence door.

The Defendant: (a) followed by the victim, etc., who is drinking milch to the small father of the victim from inside and outside of the inside, brought his hand into the victim’s inner part; (b) brought the victim into the victim’s inner part; and (c) tried to rape by inserting the victim’s panty; (d) however, the victim did not engage in sexual intercourse with the wind frighting of his body and frighting of his 14-day treatment; and (e) during that process, the victim suffered a chest scambling, etc. which requires treatment for about 14 days.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim with a physical disability, and suffered the victim's injury.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Video recording CDs or recording records of the statement;

1. On-site report (verification, etc. of CCTVs around the scene), internal investigation report (fence screen, etc. after cutting off CCTV images), screen screen, etc., injury diagnosis certificate, disabled person certificate, disability diagnosis certificate, investigation report (Attachment to field photographs and map), field photographs, etc., investigation report (Attachment to CCTV images at the time of committing a crime), CCTV images.

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