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(영문) 대전지방법원 2016.04.08 2016고합23

강간등

Text

A defendant shall be punished by imprisonment for three years.

The seized one unit (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

1. On January 5, 2016, the Defendant was detained in the Defendant’s house located in Daejeondong-gu C, Daejeon-gu, and the first floor of Daejeon-gu, Daejeon-gu, and on September 5, 2015, on the ground that the Defendant’s D (V, 50 years of age) who attended from around September 2015 would escape from the Defendant’s meeting with the Defendant, leaving the victim’s house, kiding the Defendant’s entrance, and putting the victim’s bath while bringing the victim “;”

The life-long bullying will be bullying, and the width is not here, and he will die on the heer and she will do so.

“Intimidating”.

In addition, the Defendant: (a) took the family room in the main room (26 cm in total) and took measures to catch the head of the victim; (b) took the head of the victim’s head, cut the head of the victim’s head, and assaulted the victim’s head and the head of the victim who gets in his body while leaving his body and resisting the victim by not later than 17:15 on the same day; and (c) detained the victim for about five hours.

2. On January 5, 2016, from around 13:00 to around 14:00, the Defendant raped the victim by assaulting and threatening the victim, such as the above paragraph (1), preventing the victim from resisting against it, and by having the victim sexual intercourse once with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution with regard to D;

1. As to the investigation report (as to the attachment of damaged photographs, etc.)

1. 압수 조서( 임의 제출) [ 피고인과 변호인은, 피고인은 평소에 하던 대로 현관문을 잠궜을 뿐이고, D은 중간에 쓰레기를 버리러 집 밖으로 나가기도 하고, 집 안에서 피고인과 함께 라면을 먹기도 하였으므로, D를 감금한 것이 아니고, 또한 D과 합의 하에 성관계를 하였다고

The argument is asserted.

D, however, the circumstances leading up to the investigation agency and this court before the defendant's house, and assault, intimidation, confinement from the defendant.