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(영문) 광주지방법원 2018.04.06 2018고합18

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

The Defendant is a foreigner of Malaysia who entered the Republic of Korea on October 26, 2017.

On January 9, 2018, at around 22:30, the Defendant opened a string door and intruded into that door before the house of the victim D (n, 23 years of age) located in Gwangju North-gu, Gwangju, and then, the victim in the play room tried to stick the victim with sound "Ira" on the floor by justing the victim with "Ira" on the floor so that I am the victim, string it on the floor, cut the string of the victim, cut off the string and string, cut down the string of the victim with hand, and kid the victim.

Therefore, when the victim saws the victim's face by hand when the victim saws the victim's face while leaving the victim's face with his body, taken the victim's face and knife the victim's face and knife the victim's face by drinking, then suppressing the victim's resistance. After repeated entry of the victim's sexual organ into the victim's negative part for the last time, the victim made rape by inserting the defendant's sexual organ into the victim's sexual organ, threatening the victim's sexual organ, as soon as the victim continued to fnife the victim's sexual organ, and raped the victim by inserting the victim's sexual organ into the part of the second victim's sexual organ.

In the end, the Defendant invaded the victim’s residence, raped the victim, and inflicted injury on the victim, such as a shot in which there is no open room for approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol of seizure and the list of seizure;

1. A photograph of parts of the victim D's damage;

1. Each investigation report (including documents attached thereto, Nos. 11, 14, 19, 26, 28, 30, and 30);

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act concerning criminal facts;

1. The Criminal Act for mitigation of quantity;