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(영문) 창원지방법원 진주지원 2018.08.09 2018고합72
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for not less than five years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

1. Around 15:53 on May 30, 2018, the Defendant attempted to rape the victim by taking advantage of the victim’s hair and knife the knife that was dangerous to the knife of the knife, using the knife knife that was in the knife, while drinking alcohol in the “D” restaurant operated by the victim C (at 70 years of age) who was in Jinju City B, and taking advantage of the knife knife that was in the knife of the knife, taking the knife of the knife of the knife and threatening the knife of the knife of the knife, and threatening the knife of the knife of the knife as the knife of the knife.

Accordingly, the defendant, while carrying a deadly weapon, tried to rape the victim, committed an injury to the victim in the course of the rape.

2. Special robbery Defendant: (a) inflicted an injury on the victim at the time and place specified in paragraph (1); (b) held the victim with the mind of taking property from the damaged person; and (c) held the knife knife, knife with the victim’s dangerous thing.

"Intimidating the victim's market value of 400,000 won, one cell phone and 12,000 won in cash, which is the victim's market value, were taken by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Recording notes in relation to C attached to the preparation of a record book or a report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 8(1), 15, and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., Article 297 of the Criminal Act (the attempted special rape), Article 334(2), 334(1), and 333 of the Criminal Act (the occupation of special robbery), and choice of imprisonment for each limited term;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of which is more severe punishment) shall apply to concurrent crimes;

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