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(영문) 창원지방법원 2013.09.30 2013고합131
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant attempted rape, at around 21:00 on September 2012, 201, led the victim E (the age of 68) to his be raped while drinking the victim E (the age of 68) as the Defendant’s lodging room, while drinking the same as the Defendant’s lodging room.

The Defendant, at that place, laid the victim on the floor and prevented the victim from resisting against the victim’s bridge on both sides, set panty and tried to have sexual intercourse with the victim’s will and panty by getting out of the victim’s panty, and panty, but the victim was attempted to have sexual intercourse with the victim after getting out of the victim’s panty. However, the Defendant did not have the victim’s sexual desire to tightly and strongly resist the Defendant, and failed

2. The Defendant, on November 17, 2012, committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (such as Residence, Rape, etc.) with the intent to rape the victim by entering the victim’s room at a micro farm as described in paragraph (1) of this Article.

The Defendant opened a locked visit and frightened by the victim’s intrusion into the protection of the victim, cut off the victim’s panty, cut off the victim’s panty, cut off the victim’s panty, and obstructed the victim’s tight and resistance into his body, and committed rape once by sexual intercourse with the victim.

Summary of Evidence

1. Legal statement of witness E and F;

1. E prosecutorial statement;

1. Determination as to the assertion of the defendant and his/her defense counsel who sent the investigation report (the other party to the medical adviser's actual contribution), and the materials related to the investigation

1. The defendant and his defense counsel did not appear together with the victim at each time set forth in the judgment, and the defendant and his defense counsel claimed that the victim had no rape or rape due to the advance of his contribution.

2. The following circumstances, which can be acknowledged by the court’s duly admitted and investigated evidence, i.e., the victim, from the investigative agency to the present court, is at least 19:00, i.e., the defendant’s clickness.

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