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(영문) 대구지방법원 2018.02.09 2017고합413
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, on July 3, 2017, the applicant for an order to observe the protection (hereinafter referred to as the "defendant") was under drinking alcohol at the "E restaurant located in Busan Metropolitan City (hereinafter referred to as "E") around 05:13 on July 3, 2017, with the mind of having the victim F (hereinafter referred to as 44 years of age), who will complete meals at the same restaurant, reported his/her desire to engage in sexual intercourse with him/her, and the victim continued to engage in sexual intercourse with him/her. At around 05:25 on the same day, the damaged person entered the house of his/her female located in G in Busan Metropolitan City, and gets up gas pipes installed on the building outer wall.

The Defendant, through the window in which the victim was invadedd, went into the victim’s house. Since then, the Defendant took the victim’s face from the bed room to drinking at the victim’s house, and then forced the victim’s resistance to the victim’s resistance by stating that the victim’s face from the bed in the bed of the victim’s house can be taken by drinking, and then, “huming, humping, and humping,” and attempted to engage in sexual intercourse with the victim, but the victim did not seem to have “numping off, humping, huming, and humping,” while the victim tried to engage in sexual intercourse with the victim.

Hably, after doing so, that she was in the house, she was in the house, and she was in the front of the victim, and she was in the front of the victim.

In other words, the act of self-defense was committed by a scaming method.

As a result, the defendant invadedd the victim's residence and tried to rape the victim due to violence, and inflicted an injury on the victim, such as the right side and the frame of internal walls, which require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Recording notes of the details of the victim's telephone communications investigation;

1. Each gene appraisal report;

1. Each written diagnosis (F);

1. Each video of two CDs;

1. Application of Acts and subordinate statutes, such as CCTV photographs;

1. Relevant Article 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. against Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act;

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

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