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(영문) 대구지방법원 2015.11.20 2015고합224
강간상해등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 5, 2014, at around 00 0:00, the Defendant appeared together with the victim E (the age of 19) while drinking alcoholic beverages at the main points in the Socdong in Sinsan-si. On September 5, 2014, the Defendant moved the place to drink alcoholic beverages at other main points.

At around 02:50 on September 5, 2014, the Defendant entered Gel 608, Gel f, Gel f, Sinsan, with the victim under the influence of alcohol, and tried to be in sexual intercourse with all the clothes of the victim at the bed.

Accordingly, the victim rejected the defendant as "I am dyna, I dyna, I dyna, I dyna, I dyna, I dyna with the arms and legs."

The Defendant got off the victim’s deficit at a canter and died at the victim’s “I have to do so? I have to do so? I have died in solitary form.” The Defendant made it time to bucks on the left side of the victim.

After suppressing the victim's resistance, the defendant tried to rape the victim. However, the victim did not resist his/her intention because he/she did not resist and attempted to do so, and thereby, the victim inflicted injury on the left side of his/her 21-day retirement box, the right hand hand over, and his/her hand over and damaged the victim's reputation.

The defendant continued to take the head debt of the victim, brought the defendant's sexual organ into the victim's entrance, suppresss the victim's resistance, and put the victim's sexual organ into the victim's mouth.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each legal statement of witness E, H and I;

1. Some statements made by the prosecution and the police for E;

1. A medical certificate of injury and photographs on the upper part (Evidence Nos. 2);

1. The CCTV screen of the telecom;

1. A report on investigation (a list of evidence Nos 23, 24);

1. Application of Acts and subordinate statutes to report internal investigation (the sequence 6, 12, 13, 18 of the list of evidence);

1. Relevant provisions of the Criminal Act and Articles 301, 300, and 297 (the point of attempted rape and injury and the choice of limited imprisonment) of the Criminal Act concerning criminal facts;

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