beta
(영문) 대전지방법원 2017.08.31 2017고합124

강간상해등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. From March 11, 2017 to around 00:33 of the following day, the Defendant, who was raped, attempted to be out of the victim’s will, while talking with the victim, tried to be out of the victim’s will, with the victim’s mind to rape, within the residence of the victim D (the age of 55) located in the Daejeon Dong-gu, Daejeon, Dong-gu, Daejeon (the age of 35). However, the victim sawd to be out of the victim’s will, while talking with the victim, the victim sawd to be out of the victim’s will.

Nevertheless, the defendant continued to engage in fage at the right chest of the victim due to drinking, and had the victim go beyond the floor by putting the victim's head debt on his hand so that the victim could not resist the victim, and had sexual intercourse with the victim, but the victim reported to the police, but did not go against the victim's complaint and did not bring about the victim's complaint, and the victim violated fages at approximately 5 weeks of medical treatment.

2. On April 6, 2017, at around 20:25, the Defendant forced indecent act: (a) requested the victim to reach an agreement on the case of rape injury as set forth in paragraph (1) of the said paragraph in the name of a small head restaurant of “F cafeteria” located in Daejeon Dong-gu, Daejeon; (b) however, the victim refused the agreement; and (c) caused the victim to commit an indecent act by coercioning the victim’s left chest by turning the victim’s loss on one occasion.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. Each statement of D and G;

1. A photograph of the victim's injury, a diagnosis report on injury, and a reply to inquiry about the fact;

1. Application of the Act and subordinate statutes to the investigation report (CCTV search), one U.S. visa (USB), and one CD when recording a reference person’s statement;

1. Relevant legal provisions of the Criminal Act and Articles 301, 300, 297 of the Criminal Act concerning criminal facts (the point of rape injury, the choice of imprisonment), and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment).