(영문) 춘천지방법원 속초지원 2017.01.19 2016고합21

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(영문) 춘천지방법원 속초지원 2017.01.19 2016고합21

강간미수등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 12, 2016, the Defendant got home from the 1st floor of Dtel 1st, in which the Defendant, at the Seocho-si, who is in the Defendant’s territory at the Seocho-si, in early January 12, 2016, tried to see that the victim E (the age of 33) was under the influence of alcohol, and to have the victim take home with the Defendant’s house and rape.

Defendant 1: (a) caused a victim who was unable to hold his body properly at the time of the above body by sparing the victim with his hand; (b) led the victim in his own condition; and (c) led the victim to the elevator; and (d) even though the victim divided the 10th floor at his own seat, the victim neglected the victim’s body sparing the victim’s resistance after sparing the victim’s body sparing the victim’s body sparing the victim’s resistance after sparing the victim’s body sparing the victim’s resistance, and until the elevator arrived at the fiveth floor, the victim was spared behind the victim.

After having arrived at the fiveth floor, the Defendant continued to commit an act of rapeing the victim by leading the victim, leading the victim to the said officetel 516, one of his house, and assaulting the victim to the inside of his house, and subsequently, attempted to rape the victim by cutting off the victim's clothes, such as cutting off the victim's upper part of his body with his hand, and cutting off the victim's upper part of his body with his hand, but attempted to commit an attempted act of rape. However, the Defendant did not commit an act of attempting to commit an attempted act of escaping from the shopping bags used by the victim with his mind while walking the Defendant with his mind, and resisting the Defendant by exposing the shopping bags used by the victim with his mind and walking the Defendant from the outside of his house.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. 112 List;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to each internal investigation report and investigation report (including each accompanying material);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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 accused and the accused of the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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