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(영문) 인천지방법원 부천지원 2013.12.06 2013고합184
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On August 31, 2013, from around 02:03 to 02:20, the Defendant opened a entrance opened at the house of the victim D(W, 26 years of age) located in Seocheon-si C2 A Dong C, 1104, and prevented the victim from suffering with the victim's hand going back on the body of the victim who became in the room and became in the room by intrusion into the victim's house, and obstructed the victim from resisting the victim's her part and face by drinking, and prevented the victim from resisting the victim's her part and face by drinking, and put the victim's pan, walking the victim's panty into the part of the victim's kne, and then put the victim's kne.

The Defendant continued to open a bromer and inserted the Defendant’s sexual organ into the part of the victim’s sound, but at the time, the Defendant attempted to escape and attempted to leave the entrance door and enter the house.

As a result, the Defendant, who invadedd the victim’s residence, attempted to rape the victim by assault, but attempted to commit an attempted rape. Accordingly, the Defendant inflicted an injury on the victim such as stress disorder that requires treatment for more than one year.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to photograph victims, CCTV images, field photographs, video images at the scene of the crime, diagnostic records, stenographic records preparation and report (including victims, accompanying documents), and diagnostic records;

1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

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