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(영문) 제주지방법원 2017.05.11 2017고합4
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, as a relative of C, who is the spouse of the victim (math 5 years of age) and is in a relative relationship with the victim. Around December 14, 2016, at the third floor parking lot of the apartment complex located in D, Jeju, where the victim resides, the victim is willing to rape the victim, hiding the victim into emergency stairs in front of the elevator located in D, and finds the victim at the time to attend the work, and thereafter, the victim was tried to detect the part of the victim's neck with his arms by his arms and cutting down the victim's neck. After continuing to put the victim into action, the Defendant tried to take the victim's vehicle owned by the victim who was parked at the same time, and to suppress and engage in sexual intercourse with the victim, but the victim tried to take a scambling treatment, such as escape and rape, and attempted to take the victim's mental injury by taking the victim's scambling, and tried to take the victim's face, and tried to take the victim's scam.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecutor to the victim;

1. A medical certificate;

1. Family relation certificate;

1. Application of Acts and subordinate statutes on photographs of damage;

1. Article 8 (2), Article 15, and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes / [Selection of imprisonment with labor with labor for a fixed period of time];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. 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 information, 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 [limited to the Defendant’s punishment, registration of personal information, and completion of sexual assault treatment programs.

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