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(영문) 부산지방법원 2019.03.15 2018고합583

강간치상

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 6, 2018, the Defendant first ended with the Victim D (the name, the woman, and the age of 22) who had been working and drinking in the Cju located in Busan-gu, Busan-si.

At around 05:00 on the same day, the Defendant was at the close time of the above main point, and received a request from the victim E (Ga-gu E) to contact the victim's mobile phone from the victim, and then sent the victim's cell phone to E (Ga-gu) and sent the victim's cell phone, and then allowed the victim to communicate with E (Ga-gu). However, the Defendant did not talk with each other in length.

Accordingly, the defendant avoided the expenses, shouldered the victim, and moved the victim to the house of the defendant in the vicinity of the victim.

At around 05:30 on the same day, the Defendant: (a) sought a request from the victim to re-enter E at the seat of the Defendant located in the same Gu F building G; (b) forcedly, exceeded the clothes of the victim; (c) put the victim into the part of the victim; (d) put the part of the victim’s hand in the part of the victim’s body; and (e) put the part of the other victim’s arms on the part of the victim’s body, divided the part of the victim’s knee and put in the part of the victim’s knee, who refused sexual intercourse into the part of the victim’s knee.; and (e) put in the part of the victim’s part of the victim who refused sexual intercourse.

As a result, the defendant raped the victim, and thereby suffered injury to the victim, such as cerebrovasculars, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D;

1. The application of Acts and subordinate statutes to report internal investigation and diagnosis reports;

1. Article 301 of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;