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(영문) 수원지방법원 2019.07.04 2019고합165
강간치상
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On March 30, 2019, the Defendant: (a) got home from a bus C in the Hosung-si B on March 30, 2019, reported the victim D (title, name, age 31) who was on the bus; (b) had the mind to rape the victim; and (c) followed the victim getting off the bus at the F/G bus stop in the ethic City E around 01:50 on the same day.

At around 01:59 on the same day, the Defendant continued to commit an attempted rape on the first floor parking lot of Htel in Gyeonggi-si, 01:59, when the victim’s rears the victim with only one hand and the victim’s face is opened up to the floor of the above parking lot, and tried to commit rape on the victim’s body. However, the Defendant continued to commit an attempted rape on the wind that the victim gets sound and saluted, and thereby, the victim suffered approximately three weeks of face salves damage, salves, and salves that need to be treated.

Accordingly, the defendant tried to rape the victim and tried to commit rape, and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. CCTV-cap photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The judgment of conviction on the facts constituting an offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized

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