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(영문) 인천지방법원 2018.02.22 2017고합741
강간치상등
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 September 6, 2017, at around 02:30 on September 6, 2017, the Defendant exchanged the contact point between the victim D (n, 22 years of age) and a weak month, and dices alcohol together with the “E cafeteria” located in the Bupyeong-gu Incheon Metropolitan Government.

The defendant shows the strongness of the defendant to the victim who lives in a usual dog after drinking with the victim, and around 05:30 on the same day, the defendant left the victim by the defendant's house located in the Bupyeong-gu Incheon Bupyeong-gu 101 Dong 702.

Around 07:00 on the same day, the Defendant continued to see the victim who was in a canter with a view to getting the victim into a canter, and prevented the victim from getting out of the canter with a sound. After the victim intending to get out of the sound, the Defendant stated the victim’s sexual organ in the victim’s entry of the victim’s sexual organ, “The victim was able to have a fright, affixed a photo with a fright, and return the sound to the victim.” When the victim refused it, the Defendant’s sexual organ was put in the victim’s sexual organ in the part of the victim’s sexual organ, and then the victim’s sexual organ was put in the victim’s sexual organ in the victim’s resistance.

As a result, the defendant raped the victim by violence or intimidation, resulting in the victim's injury, such as the trees that require approximately two weeks of treatment, the right chin, etc.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Response to a request for appraisal;

1. Copies of medical records; and

1. A criminal investigation report (CCTV perusal), and a criminal investigation report (a report accompanied by data submitted by a victim);

1. Application of Acts and subordinate statutes to photographs on the upper part of the victim and CCTV analysis photographs;

1. Relevant Articles 301 and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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