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(영문) 대구지방법원 서부지원 2014.06.19 2014고합39
강간상해
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 4, 2013, at around 21:00, the Defendant listened to the Defendant’s 1st floor of the Dcafeteria, which had been in the Dcafeteria C, and the victim E (the age of 53) known the Defendant, who had been in the Dcafeteria C, in the toilet, with the workplace rent, and opened the door of the toilet gate, where the victim had been in mind of rape, and opened the body of the victim’s face.

Accordingly, the victim set off the defendant, the defendant, and the defendant were tightly pushed the victim into the side side square, and the victim divided the head of the victim, and pushed the victim's face into the side square, but the victim's boomed the victim's sound into the toilet, but failed to bring the victim into the toilet and put the defendant with the wind.

As a result, the defendant attempted to rape the victim, and the victim was injured by an injury, such as an internal breath, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the medical certificate, each photographic statute;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

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. 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 Exempted from an order to disclose or notify, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

there is a risk of recommitting a crime.

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