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(영문) 의정부지방법원 2020.02.19 2019고합92
강간치상
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

To the extent that the defendant's defense right is not substantially infringed, the phrases of the facts charged were revised according to the results of the examination of evidence.

At around 03:30 on January 1, 2018, the Defendant visited the main points operated by the Victim C (name, 50 years of age) (hereinafter “the main points of this case”) in Dongbcheon-si (hereinafter “the instant main points”) as customers, and obstructed the victim’s breast while drinking together with the victim, and obstructed the victim’s face, and prevented the Defendant from resisting the victim’s face on several occasions with his/her hand.

In addition, the defendant collected both descendants of the victim and prevented them from learning by dividing them into one hand, and tried to leave the victim's clothes in one hand and add the defendant's sexual organ into the victim's sexual organ.

However, the victim's body was constantly resisted and resisted by the victim's body, and the defendant was frightened to the victim's chest, was frightened to the victim's chest, was collected several times in the victim's sexual organ, and was frightened to the victim's face and chest by self-defenseing his sexual organ.

As a result, the defendant tried to rape the victim but did not commit it but did not commit it, and in the process, the victim suffered bodily injury, such as a scarke wall, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness D;

1. Each police statement made to C, E, and F;

1. A written statement;

1. Statement of opinion;

1. Response to a request for appraisal (2018-H-2004);

1. Recording notes, recording notes, and reporting on recording of telephone conversations;

1. Part of the list of 112 Reporting Cases (No. 2 of the evidence list), the list of 112 Reporting Cases Handling (No. 13 of the evidence list) and the list of transactions;

1. Records of seizure and the list of seizure;

1. On-site photographs, photographs of damaged parts, photographs, and CCTV closure photographs;

1. Each reporter's face-to-face circumstances.

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