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(영문) 대구지방법원 포항지원 2016.10.24 2016고합74
강간치상
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 12:40 on April 18, 2016, the Defendant: (a) listened to the words “the victim D (at the age of 56) who delivered coffees at his office located in North Korea-gu, North Korea-si; (b) intending to rape the victim; and (c) to write off and hick the victim’s shoulder; and (d) “the victim does not wish to do so...................”; and (c) put his face into the victim’s entrance at the victim’s office located in North Korea-gu, North Korea-si; and (d) put the victim’s face into the victim’s entrance.

The victim, who was going beyond the floor, did not go beyond the floor, and attempted to commit rape by putting the victim's hand over by hand the two arms of the victim who was going beyond the office entrance, and by putting the victim's hand over, but the victim tried to commit rape. However, the victim resisted the defendant's left hand part of the defendant's left hand while resisting the defendant's perfect resistance, and she did not go up with the intention of "h. Ma. Ma. Ra. Ra. Ra. Ra, this crime," and did not go against the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 300 and 297 of the relevant Act on criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. In full view of all the circumstances, such as the Defendant’s age, family environment, social relationship, criminal record, and degree of risk of recidivism, benefits and prevention expected due to the instant disclosure and notification order, disadvantage and side effects, etc., the registration of personal information alone and the order to complete the program can prevent recidivism.

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