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(영문) 인천지방법원 2012.12.13 2012고합979
강간상해등
Text

The punishment of the accused shall be five years of imprisonment.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 26, 2012, around 02:30 on August 26, 2012, at the parking lot of 2106, the Defendant: (a) was living in the house of the victim E (n, 20 years of age) in the Nam-gu Incheon Metropolitan City D Building 2106; (b) had been living in the house of the victim E; (c) had been forced to rape the victim; and (d) had the victim’s face, etc. taken off from the victim’s clothes, and attempted to rape the victim; (b) had the victim committed an attempted rape; (c) had the victim’s injury, such as the escape of the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 301, 300, and 297 of the Criminal Act;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose or notify: The reason for sentencing under Articles 37 and 41 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes [the category and the recommended field]. In the event that the result of bodily injury occurs, the injury at the age of 13 and 2. The scope of mitigation [the scope of mitigation]: In the case where a basic crime is attempted (the scope of punishment for recommendations] 2 and 6 months to 5 years [the scope of sentence for recommendations] in the case where a basic crime is attempted (the decision of sentence for five years], the defendant does not seem to have led to a state of mental disorder

Where a criminal facts in the judgment that should be registered and submitted are found guilty, the defendant shall become a person subject to registration of personal information pursuant to Articles 32 and 33 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to the competent agency.

The acquittal portion

1. The summary of the facts charged is as indicated in the facts constituting the crime in the judgment, the Defendant assaulted the victim to suppress the resistance, and raped the victim during that process.

2. While under the influence of alcohol, the Defendant asserts that the situation at the time was not well memory, but that rape was not the same.

The victim stated that he was raped in the police investigation.

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