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(영문) 서울서부지방법원 2016.04.21 2015고합288
강간치상등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to two years and six months of imprisonment due to a crime of bodily injury resulting from forced indecent act in the assistance of the Suwon method and Ansan, and completed the execution of the sentence in the Giju prison on August 10, 2015.

1. From Oct. 3, 2015 to Oct. 01:00 to Oct. 04:00, the Defendant expressed to the effect that “E” in the “E” entertainment drinking station operated by the victim D (W, 40 years old) in Eunpyeong-gu Seoul, would drink with the victim while drinking alcohol. However, the Defendant assaulted the victim by considering the victim’s side glass part of the victim’s drinking, as the victim’s disregarded.

2. On October 3, 2015, the Defendant continued to drink with the victim at the same place as the preceding paragraph at around 04:20 on October 3, 2015, and opened the victim “I wish to lov, I wish to do so,” and she saw the victim “I want to do so,” and she saw the victim’s head debt toward the seat of the victim, and led the victim’s head debt toward the seat of the entrance.

The Defendant continued to inflict the victim's cell phone from the phone to the F of the defective victim's cell phone, and the victim escaped from the entrance to the entrance by putting the head debt of the victim into the above table by hand, putting the victim's chest into the upper gate of the victim's chest, putting the victim's chest into two hand, prevented the victim from putting out his/her fingers, putting the victim's knife off his/her lower part of the victim's knife and rape the victim one time, and thereby, the victim suffered the victim's knife on both sides of the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of D or F;

1. Entry of the accused in part of the protocol of interrogation of the suspect in the second prosecution against the accused;

1. Photographs, diagnostic report, injury diagnosis report, and response to a request for appraisal;

1. Previous convictions in judgment: Application of a written inquiry about the current status of identification, text of judgment, and inquiry about criminal history;

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act (the point of violence and imprisonment with prison labor) concerning the crime;

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