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(영문) 의정부지방법원 2016.10.06 2016고합375
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

From July 7, 2016, the Defendant came to know of the fact that he was provided with free meals from the victim C (n, 82 years of age) in Namyang-si, where the victim C (n, 82 years of age) resides, coming to the victim's residence and going to the victim's residence, and was diving from the victim's residence. On August 7, 2016, the Defendant: (a) opened the entrance door of the victim's residence; (b) discovered the victim's being mixed in the room; and (c) attempted to have sexual intercourse with the victim.

The Defendant continued to intrude into the residence of the above victim, kidd the victim's chest by hand, kid against his own panty, kid against the victim's face, and kid against the victim's chest, and tried to put the victim's chest into the sound part of the victim's sexual organ. However, the victim kidd against the victim's knish, "Wee knife, knife, knife, knife, knife, knife, knife knife, knife, knife, knife, knife knife knife of the victim's chest, and knife knife knife knife knif, and knife the victim by hand, and knife the victim with two-time treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation, photograph of injury, investigation report (teleline investigation), medical certificate of injury, and investigation report (to listen to the Eline Statement of Witnesses);

1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 139 (1) and 297 of the Criminal Act concerning the facts constituting an offense;

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

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