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(영문) 서울남부지방법원 2016.10.14 2016고합400
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

The excessive one point (No. 1) that has been seized shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

On August 7, 2016, the Defendant, at the Yangcheon-gu Seoul Metropolitan Government Office Officetel parking lot on August 22:18, 2016, reported the victim D (the victim 29 years of age, the name)'s movement, and led to sexual desire to rape.

The Defendant, upon approaching the victim’s right back at the same time and place, threatened the victim with excessive speed of 12 cm a knife length, which is a lethal weapon, in the victim’s item, and threatened the victim to “the knife and the knife,” thereby suppressing the victim’s resistance, and attempted to embling the victim over the ground floor and rape. However, while the victim gets over the victim’s hand and resisted the victim’s escape, the Defendant saw the victim as an attempted victim’s left-hand side of the treatment days to the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, photographs, and each investigation report (on-site photographs of victims);

1. Relevant Articles 8 (1), 15, and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify registered information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse need to be careful in that it may have a significant impact on the Defendant. In light of the fact that the Defendant has no record of sexual crime, the Defendant’s personal information registration, and the completion of sexual assault treatment program is anticipated to have an effect to prevent recidivism, the special circumstances that need not disclose or notify the Defendant’s personal information.

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