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(영문) 서울중앙지방법원 2015.10.23 2015고합596
강간상해등
Text

A defendant shall be punished by imprisonment for six years.

Personal information on the defendant shall be disclosed and notified for seven years.

Reasons

On March 15, 2012, the Seoul High Court sentenced the disclosure of personal information for three years and five years, and issued an electronic device attachment order for a 10-year electronic device on December 5, 2014.

[Criminal Facts] On June 19, 2015, at around 07:45, the Defendant: (a) discovered the victim E (here, 25 years old) who worked in front of the D convenience store located in Gangnam-gu Seoul Metropolitan Government C; (b) thought the victim to rape; (c) entered the Gangnam-gu Seoul F building following the victim; and (d) entered the said F building at around 07:50 on the same day, the Defendant was on board the elevator depending on the victim boarding the elevator.

After that, the Defendant made the victim's timber from the back of the victim who is willing to get off the three floors, and made it clear to the victim's name "I will live in if I do not know about it," "I will get out of the elevator," and when I take back the victim's head and face by taking out emergency stairs from the elevator, and attempted to rape the victim, but the victim attempted to flee to the office of the victim on the third floor, but the victim does not come out of the wind, and the victim does not escape to the attempted crime. As a result, in the facts charged, such as the light dynasium, etc. requiring the victim's treatment for about two weeks, it is difficult to believe that there is no issue date and date of the outbreak, etc., and therefore, it is difficult to believe that this part of the facts charged, such as a light dynasium, etc., which is suitable for this point.

However, according to the medical certificate of injury (Evidence No. 99) which is another evidence, the victim can recognize the fact that the victim suffered an injury as stated in the above judgment, and even if it is recognized differently from the facts charged, it is difficult to view it as infringing the defendant's right of defense

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