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(영문) 부산지방법원 동부지원 2013.10.04 2013고합147
강간상해등
Text

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

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

Reasons

Punishment of the crime

1. On August 1, 2013, the Defendant committed indecent act by compulsion: (a) on August 1, 2013, the Defendant: (b) committed an indecent act by compulsion; (c) committed an indecent act by compulsion against the victim D (the age of 19) returning home on the way ahead of Schlage without a trade name in Busan Southern-gu, Busan; and (d) committed an indecent act by force against the victim by drinking the victim’s chest and fluor; and (c) committed an indecent act by force against the victim by drinking the victim

2. The Defendant, as described in paragraph (1), committed an indecent act by force against the victim, and escaped nearby the victim, and waiting for the victim to pass by hiding it on the alleyway in front of the F cafeteria located in Nam-gu, Busan. On the same day, at around 23:15 of the same day, the Defendant discovered that the victim passed ahead of the F cafeteria, made it possible for the victim to resist by drinking the face of the victim, prevented the victim from resisting against him/her by hand, kid the victim’s chest and sound, kid the victim by drawing the victim’s neck from behind the victim’s back to his/her arms, and led the victim to a nearby mountain, and attempted to rape the victim. However, the victim’s non-stigious interest does not go against neighboring residents, and thus, the victim did not commit such act, leading the victim to the left-hand part of the victim requiring medical treatment within two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (a letter-type one time);

1. Each police statement concerning D;

1. The occurrence report, investigation report, victim D's assault report, investigation report (as to attachment of photographs at the scene of the crime), actual condition investigation photograph, investigation report (as to confirmation before and after the criminal suspect's crime), screen pictures before and after the crime, electronic guidance, investigation report (as to the witness's statement and non-preparation of the statement), investigation report-witness G and non-preparation of the statement, investigation report-maliba response data, investigation report-maliba response data, investigation report (as to the materials on the reply of the search and seizure warrant), and reply;

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