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(영문) 인천지방법원 2014.10.22 2014고합598
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed through an information and communications network for three years;

Reasons

Punishment of the crime

On June 24, 2014, at around 02:27, the Defendant discovered the victim'sO (or 19 years of age) in the Seo-gu Incheon N Apartment, Seo-gu, Incheon, and continued to follow the victim's handphone number even though the victim was refused to notify the victim of the Hand phone number, and the victim was assigned a handphone number to the victim again on the side of N apartment operation. The victim notified the victim of the Handphone number without any choice to return the defendant.

At this time, the Defendant confirmed that he did not have any way in the surrounding area, and threatened the victim with “to be fluored and fright to sexual assault,” and forced the victim to go beyond the floor, prevented the victim from resisting the body of the victim, and prevented the victim from resisting the victim, and attempted to rape the victim with his left hand, but the victim attempted to commit rape with the victim’s hand. However, the victim attempted to commit an attempted rape with the victim’s hand, her hand, sound, and refuse to complete his hand.

As a result, the defendant tried to rape the victim, and the victim tried to take care of about 14 days on both sides and the left-hand slots, which require the treatment of about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of theO;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to victim photographs and field photographs;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

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. Registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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