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(영문) 서울북부지방법원 2016.01.15 2015고합316
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for four years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On October 1, 2015, the Defendant: (a) was a person who serves as the director of a building management office and was a victim C (V, 36 years of age) and from around 17:00 on October 1, 2015 to around 21:30 on the same day, in order to drink and flap the victim to rape; and (b) on the same day, at around 22:00 on the same day, the Defendant opened the toilet impulse and intruded the victim’s house in Nowon-gu, Seoul Special Metropolitan City.

Defendant 1 repeatedly sent an industrial knife ( approximately 9 cm in length) to the victim, who was divingd in the plan, with a knife and dangerous article, and repeatedly sent the knife to the other part of the victim’s knife, so that the knife may sound.

“After threatening the victim to resist, it was impossible to resist, and then tried to cut the victim’s knife with knife and off his panty, and to engage in sexual intercourse, but the Defendant did not have the victim’s body, but did not have the body back to the wind.

As a result, the defendant invadedd a residence and tried to rape a victim with an industrial knife, which is a dangerous industrial knife, but did so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (No. 11 No. Serial of the evidence list);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the attempted rape) concerning criminal facts, Articles 15 and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (the attempted rape);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which the quality of the crime is heavier);

1. Selection of alternative abandonment of punishment;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying personal information, and Article 47(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse.

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