Text
A defendant shall be punished by imprisonment for five years.
The defendant shall order the completion of a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
[criminal history] On January 12, 2010, the Defendant was sentenced to five years of imprisonment for an injury at the Seoul Eastern District Court, and completed the execution of the sentence at the Jinju Prison on November 10, 2014.
[2] On October 18, 2016, the Defendant: (a) around 12:05 on October 12: 18, 2016, the Defendant: (b) held a victim D (name, leisure, 40 years old); (c) cash 100,00 won; and (d) held a mobile phone on the market value in his/her hand; and (c) prevented the Defendant from strokeing the victim’s seat with his/her hand for the purpose of evading the arrest of the victim by putting his/her cell phone on his/her hand; and (d) incurred another loss by the victim.
In panty, the victim's sexual body was boomed into the victim's sexual body, and the victim's face was boomed by drinking the victim's face, and the victim was injured by approximately two weeks of treatment by shouldering the fingers, tensions, and so on.
As a result, the defendant attempted to steal the victim's property, thereby inflicting an injury on the victim and committing similar rape with the aim of evading arrest.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statements made by witnesses D in the second public trial records;
1. Legal statement of witness E;
1. Investigation reports (Investigation of the other party of the reporter);
1. Photographs of the place of occurrence;
1. The part and degree of injury as indicated in the judgment: The part of the injury, photograph of the injury, and written diagnosis;
1. Previous conviction: A written inquiry about criminal history, the personal acceptance status, and the application of the judgment text and other statutes;
1. Relevant Article 337 of the Criminal Act and Article 337 of the Criminal Act (the point of robbery and the choice of imprisonment with labor), and Article 297-2 of the Criminal Act (the point of similar rape) concerning criminal facts;
1. Article 35 of the Criminal Act for aggravated repeated crimes (within the limit of proviso of Article 42 of the Criminal Act);
1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be increased by concurrent crimes with the punishment heavier than that heavier than that of robbery: Provided, That the restriction under the proviso of Article 42 of the Criminal Act);
1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment