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(영문) 수원지방법원 2014.07.10 2014고합123
강간상해등
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

1. At around 16:40 on March 3, 2014, the Defendant suffered rape: (a) at the house of the victim D (Woo, 59 years old); (b) at the time of drinking alcohol with the victim, the victim intending to drink the victim to rape; and (c) was at the time of drinking when the victim resists the face of the victim; and (d) was unable to resist the victim’s arms and legs at the time of drinking when the victim’s arm’s body and legs were shotly cut off the victim’s clothes, and tried to rape the victim; (b) the mother of the victim, who was requested for rescue, filed a report with 112 and called the victim to the scene; and (c) the victim committed assault to the victim and attempted to commit rape; and (d) the victim’s body was inside and outside the number of days of treatment, etc. on the part of the victim.

2. The Defendant, at the above date, at the above time and place of obstruction of performance of official duties, obstructed police officers’ legitimate execution of duties concerning the mobilization of report 112 reports by assaulting the Defendant, i.e., a slope F of the Suwon Police Station Embox, who was dispatched to the scene after receiving a report of 112, and required him to listen to the damage from the said D and put clothes to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and D;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each police statement about G, F, and D;

1. Each investigation report (Evidence Nos. 7, 9 through 12, 17, 19, 20, 22) and investigation report (Evidence List No. 15);

1. Recording records;

1. Determination as to the defendant and defense counsel's assertion of on-site photographs, victim's body photographs, and victim's body photographs

1. Summary of the assertion

A. The defendant has no record of assaulting the victim or attempting to rape.

The defendant, upon the solicitation of the victim, is deemed to drink together with the victim's house, and the victim is first in the course of drinking alcohol.

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