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(영문) 전주지방법원 2017.12.14 2017고합183
강간치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On September 5, 2017, at around 05:37, the Defendant walked in the front of the D parking lot located in Seojin-gu Seoul Metropolitan City, Seojin-gu, to rape the victim E (n, 22 years of age), and led the victim to the D parking lot by one hand, saving the victim's neck with another hand, suppressing the victim into another hand, and leading the victim to the D parking lot.

Then, the defendant takes a head of the victim, knee knee on the floor, and knee knee the resistance, and then shacks the entrance and knick, and threatens the victim to see “I am off, off, and throw away,” and the victim “I am off, knish, knish, so it would be easy to kill, knish, knish,” and 119 reported knicks were divided into the defendant.

The Defendant, after getting the victim off from the field, demanded the victim to be out of the brush and the brush and tried to rape the victim. However, the Defendant did not carry out the intent with the wind that the patrol is called out through the confirmation of the address of report 119, and thereby suffered injury to the victim, which requires approximately two weeks of treatment for the victim.

Accordingly, although the defendant tried to rape the victim, he attempted to commit an attempted rape, and thereby, he suffered injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. 112 Report processing table of the case to be reported, each investigation report (to attach photographs of the victim's standing room, the scene and moving route, records of recording of the victim 112, analysis of field CCTV, investigation into the suspect's identity, telephone communications of the victim), results of response to requests for genetic appraisal;

1. A recording file CD in the 112-report;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate) and a medical certificate attached thereto;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for a limited term;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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