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(영문) 울산지방법원 2018.07.26 2018고합83
강간상해
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 24, 2018, the Defendant, at around 02:00, committed rape with the victim C (at around 02:0, 51 years of age) at the singing room of the operation of the victim C (at around 02:0, 51 years of age).

The defendant exceeded all clothes between the victim and the toilet, and brought the victim from the toilet to the waiting room after waiting in the next waiting room of the toilet.

After that, the defendant tried to have sexual intercourse with the victim's clothes after suppressing the victim's resistance by breathing the victim's body by his hand, but the victim resisted her face, etc. due to her hand and spacks the victim's face, etc., and spacks the body of the victim, which is a dangerous object, and spacks the victim's body, and the victim spacks in the toilet.

"," and 112 reports after escaping from the above waiting room, and the police officer failed to achieve that purport at the wind called out.

As a result, the defendant attempted to rape the victim, and caused the victim to suffer approximately three weeks of medical treatment, such as spine in the vertebrate of the part that was unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of each site and a part of the upper part of each site;

1. A written diagnosis [C] Application of a statute

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. In light of 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, and 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 (the Defendant has no record of criminal punishment against sexual crimes).

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