beta
(영문) 부산지방법원 서부지원 2019.02.14 2018고합198

강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2018, the Defendant, at the university line line of the Victim B (L, 19 years of age) and the bar of May 31, 2018, had the Defendant drinked with the Defendant’s post-age along with the Defendant’s post-age of the school, including the Victim, and had the Defendant drinked to rape.

At around 00:40 on the following day, the Defendant: (a) took the victim into the EelF, placed the victim on the bed, placed the victim on the bed; (b) taken the part of the victim on the bed; (c) but the victim refused to take part in the bed and worked at the bed.

계속하여 피고인은 피해자의 손을 끌고 가 다시 침대에 눕히고 “제발, 이러지 마요.”라고 말하며 거부하는 피해자에게 “뭘 자꾸 제발이냐고.”라고 고함을 지르며 피해자의 몸을 위에서 밀어 반항하지 못하게 한 뒤, 피해자의 옷과 속옷을 벗기고 1회 간음하여 강간하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each police statement made to B, G, and H;

1. A gene appraisal report;

1. Investigation report (limited to the attachment of a list of 112 reported cases processing cases, on-site photographs, and details of approval);

1. A criminal investigation report (as to the attachment ofCCTV image data);

1. An investigation report (to attach materials for reference, and to attach details of telephone conversations of the victim);

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of telephone conversations records, etc. of reference G);

1. Article 297 of the Criminal Act applicable to the crimes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1), the proviso to Article 50 (1), or the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;