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(영문) 부산지방법원 동부지원 2017.07.11 2016고합194
강간치상
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 9, 2016, the Defendant: (a) around 03:00, at the “E” house operated by the victim D (name, f, 59 years of age) located in Suwon-gu, Busan (hereinafter referred to as “E”) to drink with the victim and to return home to the Republic of Korea.

Defendant 1: (a) went through the foregoing drinking house; (b) went into the body of the victim to rape the victim by advertising the things in the body of the victim’s mixed body; and (c) went into the body of the foregoing drinking house; and (d) went into the body of the victim, who was arranging the tables, Dags, made the part less than the part of the victim’s hand and knife the victim into the body of the body of the victim, and led the victim inside the body of the body of the victim.

Then, the Defendant classified the victim's two descendants on the part of the victim's body with a knife the resistance, and applied the victim's panty, and attempted to rape by cutting the victim's panty, but the victim spane the victim's spane the panty. However, the victim's spane the victim's spane with his hand, which was unfolded out of the foregoing drinking house, did not come into the wind, and caused the victim's injury, such as salt, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. Police seizure records;

1. Police investigation reports and investigation reports by the prosecution;

1. Recording records of processing of reported cases;

1. A medical certificate for an injury and a medical certificate;

1. Application of the Acts and subordinate statutes to photographs of crime scene, CCTV images, and photographs to injure victims;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed a similar act under the agreement with the victim, and subsequently, attempted to engage in a similar act, but the Defendant’s sexual intercourse was not caused, and the sexual relationship

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