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(영문) 서울중앙지방법원 2020.01.15 2019고합810
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On September 22, 2019, at around 02:09, the Defendant discovered the victim C (tentative name, 26 years of age) returning home in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, and followed thereafter, and the victim immediately went into the entrance and exit of the joint entrance door, and immediately moves out of the entrance, putting the victim’s head head head, putting the victim’s head, putting the victim’s head, leaving the entrance, and forced the victim out of the entrance, leading the victim out of the entrance, inducing the victim’s knife by inserting his hand, suppressing the victim’s head, and suppressing and rape the victim’s resistance on the body of the victim, but did not come out of the wind discovered by the neighbor.

As a result, the Defendant invaded on the victim's residence and tried to rape the victim, but caused the victim to do so, and caused the victim to suffer an influence and kneeing in the number of days of treatment to be treated, knee and knee and knee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Reports on internal investigation (Submission of photographs and diagnosis reports on damaged parts of the victim), and medical certificates;

1. Application of each investigation report (for example, tracking the route prior to the occurrence of the suspect's case, checking on-site CCTV images, tracking the route after the occurrence of the suspect's case), and each CD (Evidence No. 14, 17, 21) statute;

1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be a sexual crime;

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