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(영문) 의정부지방법원 2018.08.10 2018고합19
강간치상
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 6, 2017, around 18:28, the Defendant sent the above elementary school to the C elementary school located in Yangju-si B, and discovered the victim D (the name, the age of 17) who returned home, tried to commit an indecent act against the victim, and tried to commit an indecent act at the near third-distance corner.

Since then, the Defendant passed a corner of a three-distance distance by the victim.

As a result, following the victim, the victim's shoulder is cut in the direction of the victim's body by putting the victim's shoulder in the direction of the side of delivery, putting the victim's body in the direction of the victim's hand, and putting the victim's neck up," putting the victim's neck into the ground side of India, forcing the victim resisting the victim's head by forcing him to go up on the ground side of India, going beyond the ground floor by pushing the victim's head, and making the victim go against the head. The evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the defendant took the victim's head debt and led him to him for more than 3 meters, and there is no other evidence to prove this otherwise.

After the victim gets off the victim's body, the victim gets out of the victim's body, and the victim's knife knife knife knife knife knife knife knife knife as above, and in light of the victim's statement, the defendant's indecent act was specified.

In order to avoid the victim's injury to the victim, he / she committed an indecent act against the victim by putting clothes up up up up to the chest part of the victim's chest, etc., and thereby, he/she suffered injury to the victim due to the brain-dead sugar without an open room in the head that requires treatment for about two weeks.

As a result, the defendant committed an indecent act against the victim by assault and thereby inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 of the Criminal Act for mitigation of amount;

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