(영문) 인천지방법원 2018.11.16 2018고합631

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(영문) 인천지방법원 2018.11.16 2018고합631

강간상해

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A defendant shall be punished by imprisonment for not less than three years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 18, 2018, at around 02:30 on September 18, 2018, at the entrance of the C parking lot in Gyeyang-gu Incheon Metropolitan City, the Defendant thought to rape the victim D (name, b3 years of age) and prevented the victim from suffering sound by approaching the victim's back, leaving the victim's back to his left hand, and putting the victim's hand into the victim's inside the victim's body, and putting the victim's hand over the victim's body to escape this, the Defendant moved the victim's face into the victim's body and moved the victim's neck back to the near part.

The Defendant got out of the floor to prevent the victim from leaving the body of the victim, etc. after leaving the victim's body at that place, and attempted to put the victim's neck and chest into the victim's body promptly, forced him/her to leave the body of the victim, forced him/her to leave the part of the victim's body, and put him/her away from the part of the victim's body, and inserted the finger into the part of the victim's body by hand, but attempted to put the finger into the part of the victim's body in the part of the part of the victim's body, but the victim continued to resist the victim's body.

As a result, the defendant tried to rape the victim and tried to kill the victim for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Photographs of the victim;

1. One copy of a report on results of field identification and on-site photographs;

1. A medical certificate;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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