(영문) 의정부지방법원 2016.08.17 2016고합175

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(영문) 의정부지방법원 2016.08.17 2016고합175

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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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

1. A lawsuit filed against the Defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) to enter a sports marina business establishment located in G on April 24, 2016 at the time of the Government around 10:00;

Using the knife (33 cm in total length, 20 cm in length) where the defendant was faced with the victim D (n, 57 cm in length) and had the victim be out of his clothes, and then had the victim take out the shoulder of the victim who fighted and prepared in advance to flap the victim's fingers and shots, suppressing the victim's resistance, and attempted to rape the victim. However, in order to confirm the existence of another person within the said marina business place, the victim did not have sexual intercourse with the other person who did not have a knife in order to stop the cable and run out of the place of the said marina business. As above, in the process of suppressing the victim's claim once, approximately 2 weeks of treatment is needed, and the victim spacked the shoulder and spacks.

In this respect, the defendant tried to rape the victim with dangerous things, and the defendant injured the victim.

2. Around 11:00 on April 24, 2016, the Defendant: (a) entered a marina business establishment located in Ma-si, Ma-si, Ma-si; (b) obstructed the entrance; (c) obstructed the entrance; and (d) obstructed the victim F (the age of 61) who was located there; (d) obstructed the victim’s hand; (c) obstructed the victim’s hand; and (d) obstructed the victim’s escape; and (d) obstructed the victim’s escape by assaulting the victim’s knife, booming him/her over the floor; (d) obstructed the victim’s resistance; and (e) demanded the victim to have sexual intercourse with the victim’s refusal; and (e) allowed the victim to have sexual intercourse with the victim, he/she exceeded the victim’s clothes by taking the victim’s hand into consideration; and (e) allowed the victim to have sexual intercourse with the victim at the same time; and (e) allowed the victim to have sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to D, F and G (F).

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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