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(영문) 대구지방법원 김천지원 2017.03.21 2016고합160
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The punishment of the accused shall be determined by six years of imprisonment.

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

Reasons

Punishment of the crime

1. On November 11, 2016, the Defendant invadedd the victim’s face and head by a method not known in the victim D (hereinafter “victim” in the crime scene column) (hereinafter “victim”) at the Gu, Si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, si, and si, si, si, si, si, si, si, si, si, si, si, si,

Then, the Defendant, as a drinking, took the victim's face at several times, taken back back to the victim's hand, etc., kidds together with a blue tape, taken off the victim's panty, forced the victim's bucks and panty, forced the victim's bucks and panty, and had sexual intercourse once with the victim's bucks and pantys by drinking.

As a result, the defendant invadedd the victim's residence, raped the victim, and inflicted an injury on the victim, such as the infertility of an external reproductive institution, which requires approximately three weeks of treatment.

2. Around 00:00 on October 5, 2016, the Defendant: (a) the victim was hiding in the stairs of the third floor of the victim’s house, and (b) the victim opened the entrance door to throw away wastes; (c) before the entrance door is completely closed, the Defendant opened the door and intruded into the victim’s house.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. On-site photographs, a written appraisal, a response to each request for appraisal, and a gene appraisal report;

1. A written diagnosis of injury;

1. Each entry in the investigation report (Attachment of the victim's standing photographs, and attachment of E contents related to the crime of intrusion upon a suspect's residence), and the application of each statute of the relevant photograph;

1. Article 8(1) and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 319(1) of the Criminal Act, Article 297 of the Criminal Act (the point of and injury to intrusion upon residence, rape, etc.)

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