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(영문) 수원지방법원 안산지원 2017.02.15 2016고합341
강간치상
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim C(A, B, 20 years old) are the second natives.

On July 28, 2016, at around 04:30 on July 28, 2016, the Defendant entered the victim’s residence in Seo-gu Incheon City, Seo-gu, Incheon, into the house and brought the victim into the said residence. At that time, bus and subway did not have any way to leave the Defendant’s residence. The Defendant was able to rape the victim by having sexual impulse with the victim reporting the potential appearance.

Therefore, the defendant added the body of the victim who was ever thyth, and the victim hyth, "the victim hyth hyth hyth hyth hyth hyth hyth hyth", "hyth hyth hyth hyth hyth hyth hyth", and "hyth hyth hyth hyth hyth hyth", and "hyth hyth hyth hyth hynd hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyth hyst hyth hyth hyth hyst hyth hys", and suffered the victim

Accordingly, the defendant attempted to rape the victim, and thereby, the defendant sustained the victim's injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each investigation report (No. 10, 19 No. 5 of the evidence list);

1. A gene appraisal report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act, Articles 301 and 297 of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment for abandonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, and children and juveniles.

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