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(영문) 창원지방법원 거창지원 2015.06.11 2015고합3
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 10, 2015, the Defendant: (a) around 01:30 on February 10, 2015, around 01:30, performed drinking with the victim E (n, 45 years of age); (b) carried out drinking with the victim E (n, 24cm in length, 13cm in blades); and (c) carried into the victim’s room by using two excessive points (24cm in length, 13cm in blades).

While the Defendant was in mind of having raped the victim, and was off the victim's down, the Defendant her head was frightened by her hand, and she was frightened twice the victim's face by drinking, and inserted the victim's face on the part of the victim into the negative part of the victim, and attempted to rape the victim by threatening the victim, "at the front of the knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. The first police statement concerning E;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (on-site verification and attachment of photographs of the damaged site), investigation reports (D main entrance doors and back doors, etc.);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

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 disclosure order and an order of 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 have no record of committing the instant crime, and only the Defendant has no record of committing the instant crime, and it is difficult to deem that there exists

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