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(영문) 창원지방법원 밀양지원 2013.12.20 2013고합31
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant: (a) around 04:30 on July 17, 2013, at around 04:30, the Defendant was placed in the “E” clothes operated by the victim D (n, 34 years of age) who was located in Sinnam-gun, and was damaged by putting the back lock locking device in his hand, and invaded into the victim’s place of residence through the bath room to use the victim’s residence; (b) made the victim’s hand booming the victim’s body and bucking the victim’s hand; and (c) attempted to commit rape. However, the Defendant’s bucking part of the Defendant’s bucking part of the Defendant’s bucking to the Defendant’s bucking part, thereby resulting in an attempted crime, and the Defendant’s bucking and bucking part necessary to treat the victim for about 21 days.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim, and suffered the victim's injury in the course of the attempted rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Requests for appraisal;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Where a conviction on the crime committed against a defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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