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(영문) 대전지방법원 서산지원 2019.08.07 2019고합23
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

Around 05:00 on October 16, 2018, at the residence of the victim C (tentative name, 42 years of age) in Jinjin-si, the Defendant sought the residence of the victim by urginging the victim to pay the money borrowed from the victim, but the victim was able to rape the victim, and the victim tried to have sexual intercourse with the victim's will and panty in the course of having sexual intercourse with the victim's resistance against the victim, which is a dangerous object at the victim's seat, and put it into the victim's entrance by gathering the victim's resistance. After preventing the victim from resisting the victim under the victim's item, the Defendant tried to put the victim's chest into the victim's chest immediately after walking with the victim's chest, which is a dangerous object, and attempted to have sexual intercourse with the victim, but did not have sexual intercourse with the victim by selling it to the dangerous object, and then, tried to have sexual intercourse with the victim.

As a result, the defendant tried to rape the victim with dangerous things, but attempted to commit an attempted crime, and inflicted an injury on the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to C (tentatively named);

1. Application of the Acts and subordinate statutes, written diagnosis and written response to request for appraisal (No. 10,13)

1. Relevant Articles 8 (1), 15, and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

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 a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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