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(영문) 대구지방법원 김천지원 2012.09.21 2012고합184
강간상해
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From around 15:00 on August 1, 2012 to 03:00 of the following day, the Defendant induced the victim to the front of the studio in the old Si FPS building by drinking the victim at “E”, which is the main store in the same Dong on the same day, while drinking the alcohol at around 03:00 on the same day, and taking the victim’s cell phone from around 15:0 on August 1, 2012 to around 03:0.

On August 2, 2012, around 05:00, the Defendant: (a) sent the cell phone to the Defendant at around 05:00, the Defendant: (b) sent the cell phone to the Defendant’s dwelling; (c) stated that the victim was aware that he would leave the cell phone; and (d) did not want to do so; and (c) attached the victim’s head bond; and (d) led the victim to the Defendant’s dwelling at the Defendant’s dwelling in F303.

The Defendant got the victim over the floor by pushing the victim, prevented him from resisting against the victim's body, and booming him by inserting his fingers into the victim's inner part, and panty by putting him over his fingers into the panty part.

In this case, the defect that the victim intending to get out of the reflective port, such as that the victim gets a sound, the shoulder of the defendant, and the defendant got out of the victim's head head, prevented the victim from resisting the victim again by taking several times due to the blurg and the mouths of the victim's head, and attempted to rape the victim again with the victim's chest and the part of the drinking part, etc., but the victim tried to commit rape. However, the victim attempted to commit rape with the wind that the victim gets out of the sound and strongly resisted, and thereby led the victim to a multiple flurgic coordinate that requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning photographs taken on the upper part of the victim, and CCTV photographs;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the choice of punishment;

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