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(영문) 부산지방법원 2013.10.11 2013고합448
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was the victim F(M, 54 years old) with hearing disability Grade 2, and the D Association E branch in Busan Dong-gu, and became aware of the victim F(M, 54 years old) with hearing-impaired disorder 2 through hearing for hearing-impaired person.

At around 23:30 on May 30, 2013, the Defendant found the victim's house located in the Dong-gu Busan Metropolitan City, and told the victim who opened a snick door and emitted from the victim's house to throw away food waste, and entered the victim's house, and "the victim is in a snick relationship with another man.e., in order to help the victim not to be divorced with the husband. I want to help the husband do not proceed with the other man's house."

The Defendant: (a) obstructed the victim’s door door from the front door to the front door; (b) obstructed the victim’s body from strongly divided the two arms by hand; and (c) attempted to be exempted from the victim’s clothes by force going on the body of the victim; (d) the victim resisted the Defendant’s entrance and completed the Defendant’s entrance, and attempted to escape from the front door to the outside of the house and failed to rape.

As a result, the Defendant inflicted injury on the victim, such as getting the victim a hole on both arms and parts of the victim who did not receive treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against F;

1. The police statement of H;

1. A copy of the membership management card of the Association (A), the details of 112 reported withdrawals, the application form for the issuance of resident registration certificates (F), copies of the certificate of disabled persons (F), and photographs of damaged parts of the card;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the verification of whether a suspect or a victim has disability, the submission of a statement by a witness H, such as a victim's statement, and reporting on the determination of bodily injury resulting from rape

1. Relevant legal provisions on criminal facts and special cases concerning the punishment, etc. of sexual crimes selected through the option of punishment (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply).

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