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(영문) 서울중앙지방법원 2016.06.10 2016고합117
강간상해
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On January 26, 2016, at around 07:00, the Defendant discovered the victim E (W, 32 years of age) who passed the front of the house located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F, followed by about 900 meters after the victim’s hand, prevented the victim from being injured by the victim’s own hand, led the victim to the neighboring house gate, led the victim to the near house gate, and went beyond it, and then boarded on the body of the victim.

Therefore, when the victim gets off the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st

Although the Defendant intended to engage in sexual intercourse by preventing the victimized person from resisting such an act, the Defendant did not have the intent to engage in such sexual intercourse, but did not bring about the wind to the perpetrator, and during that process, the Defendant inflicted two weeks of medical treatment on the victim, such as an open one.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A report on investigation (CCTV investigation), a report on investigation (and tracking a suspect route), a report on investigation (specific suspect), and a report on investigation (in the face of a suspect photograph);

1. Application of Part II of the Act and subordinate statutes to on-site photographs, CCTV images, CDs, victim-to-face photographs, photographs, such as bags and clothes, and photographs, suspect photographs, receipts, and diagnostic notes, as at the time of damage;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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 an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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