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(영문) 창원지방법원 마산지원 2016.11.11 2016고합82
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 00:30 on April 9, 2016, at the defendant's house located in Changwon-si, Changwon-si, C apartment 115 dong 1004, the defendant drinked alcohol with his wife D, wife's workplace E (Gain, 35 years old), and had the victim enter the inner room where the defendant she was diving, and had the victim commit rape.

At around 05:00 on April 9, 2016, the defendant entered the house of the above defendant, and took part in the part of the victim's body, who was frightened to the part of the victim's body, and prevented the victim from making a resistance, and thereafter, the defendant did knife the victim's knife with the victim's knife and knife in the part of the victim's knife and knife, and the other hand did knife the victim's knife with the knife with the knife.

When the Defendant continued to deviate from the victim’s counter-fash by her hand and listened to the victim’s words “Imar” from the victim, the Defendant called “Imar Dmar”, and tried to rape the victim after threateninging the victim as if the Defendant’s wife was informed of the Defendant’s wife, but the victim did not escape from the toilet and attempted to commit suicide.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. A photograph of a victim, and a photograph of a victim's CCTV images taken at home with him/her, if he/she were home;

1. Four copies of CCTV video recording CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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 disclosure and notification orders, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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