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(영문) 제주지방법원 2017.02.16 2016고합155

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant was the victim F(n, 49 years old) and the relationship between the victim F(n, 49 years old) and the victim was first known at a entertainment establishment where the victim had worked on November 2015 and the victim was dead from that time.

On August 9, 2016, the Defendant received the message that he drinks from the injured party, acting on behalf of him, and then sought the message to H located in G at the Jeju city where the injured party is the residence of the injured party.

The defendant divided the entrance password and entered the house, and the victim came to know that he was in the state of panty and civil retail matrts with E, made the victim show E, and then came to the outside of the house, and again, she came to the door after the victim gets off the house.

The defendant opened an inner door to confirm the body of the victim in E and confirmed that he is in E, and then flaps the body of the victim that flaps the head of the victim's fladation and flading the body of the victim, continued to take the head of the victim's head flag into the ward, cut off the victim's head flag, cut off the civilian retail flag, cut off the victim's body, cut off the victim's panty, cut off the victim's body, and sustained the victim's body by drinking and burning it into about three weeks when the victim's body flading it into drinking and flading it.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of witness F and E;

1. Investigation report (personal protection of victims and attachment of photographs), investigation report (Attachment of photographs, such as the domicile of the victim), investigation report (Attachment of the message to be submitted by the victim and photographs on the part of the damage), and each accompanying material;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;