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(영문) 서울북부지방법원 2012.11.23 2012고합476

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등

Text

A defendant shall be punished by imprisonment for three years.

The evidence in Seoul Northern District Prosecutors' Office No. 2258 of pressure in 2012, which was seized.

Reasons

Punishment of the crime

1. At night, on November 29, 2008, the Defendant: (a) 23:00 on November 29, 2008, she worn clothes to the victim E’s house located underground of Dobong-gu Seoul Metropolitan Government; and (b) did not lock the face in a state; (c) intruded into the victim’s room through the entrance door, and cut off the cash amount of KRW 8,000, which is the victim’s possession, from the wall that was located within the victim’s bank.

2. The Defendant committed a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape) with the intent to detect a potential victim after theft of the amount of money of the victim E (here 18 years of age) at the time and place specified in paragraph (1) and to rape the victim.

The Defendant cut off her her part and her part of clothes, which is a dangerous thing that was located in the main room (12 cm in blade length) and carried with her part of her part of clothes, and threatened her Cheong tape that the victim had been in possession of her part of her part of the victim so that the victim would not resist her part of her part of her part of the victim by threatening her part of her part of hum as Cheong tape, thereby preventing the victim from resisting her part of the victim, and attempted to rape her part of the victim. However, the Defendant failed to commit the Defendant’s her part of the above excessive her part of the victim her part of the victim’s her part of her part of her part of her part of her part of her part of her part of her part of her part of her part,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. An appraiser (National Police Agency Science Investigation Center);

1. Application of the records of seizure, list of seizure, photographs of seized articles, and provisions of Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Article 330 of the Criminal Act’s choice of punishment, Articles 12 and 6(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010); Articles 297 of the Criminal Act’s Article 297 of the Criminal Act’s Article 12 and 6(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the choice of limited imprisonment: Provided, That