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(영문) 대구지방법원 서부지원 2015.05.07 2015고합20
강간상해
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On January 30, 2015, at around 18:20, the Defendant: (a) taken the victim, who had a drinkd in “Eda” operated by the victim D (Inn, 59 years of age) in Seo-gu, Seo-gu, Daegu, to sit back the victim on the side of the Defendant; and (b) tried to get the victim out of his own right.

During the process of putting the victim's body against the victim's resistance, the victim was placed on a sopha, and the defendant tried to get the victim's body above the victim's body off.

Although the victim resisted against the body of the defendant and her body, the defendant tried to suppress the victim's resistance and to rape after getting off the victim's body, but the victim tried to commit rape after getting out of the victim's will. However, the victim reported 112 that the victim was aware of the defendant's mobile phone in his/her own ability and brought about his/her cell phone back to the defendant.

The defendant listens to the fact that the victim is raped by "the victim is suffering from rape" and 112 reports, and caused his body, and then damaged the victim beyond the floor by breathing the fals of the victim's body.

As a result, the Defendant attempted to rape the victim, and did not commit so, and tried to commit attempted crimes, and the victim “scambling with a scambling wall that requires treatment for about two weeks.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of the case, each investigation report (including the statement, etc. of the staff of the F Hospital, attach personal information to the patient, the statement of the head of the marina, the site photograph, the attachment of the suspect, the background of arrest, the confirmation of the other party suspect, the attachment of a detailed statement on confirmation of the victim of the case, the document of handling the 112 reported case, the photograph of the suspect, etc.), the patient personal information,

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate), and a medical certificate;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

1. Discretionary mitigation of discretionary factors is 1.3 of Article 53 and Article 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”).

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