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(영문) 부산지방법원 동부지원 2014.05.16 2014고합43

강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

The defendant is between the victim C(n, 74 years of age) and the neighbor.

From January 7, 2014, the Defendant her drinking alcohol in the vicinity of the Defendant’s house located in Nam-gu, Busan. On the other hand, the Defendant had the Defendant drinked to rape the victim with the knowledge that the victim living in the neighborhood had the ability to move to normal old age and disease, as well as having the other person live in the same.

피고인은 같은 날 23:22경 부산 남구에 있는 피해자의 집 앞 도로에서 때마침 바람을 쐬러 나온 피해자와 마주치자 피해자에게 “내 여기서 술 한 잔 먹고 가면 안 되나 ”며 피해자의 집으로 따라 들어갔다가 피해자의 나가라는 말에 그 집에서 나왔다.

At around 23:28 on the same day, the Defendant, after drinking alcohol at the “E convenience store” located in the victim’s house, found the victim’s house again, went to the victim’s house by opening the victim’s house for about one minute.

At the victim's inside and outside of the house, the Defendant demanded the victim to have a brupt 1 disease with a brush in the inside room after drinking a brush and frush in the inside room after drinking the brush, and the victim refused to do so. When the victim refused to do so, the brush of the victim by brupting the victim with a brush to the brush and panty, thereby preventing the victim from putting the brupting the brupt brush and panty, and inserted the Defendant's sexual organ into the sound part of the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (as to the on-site circumstances), investigation reports (as to the recording of the A, etc.), investigation reports (or counter investigation of the E convenience points), accompanying documents, investigation reports (victims' house and structures surrounding the house and house and CCTVs), investigation reports (Analysis of CC-TV 6-Nam-119 video data for crime prevention), investigation reports (to secure face-to-face statements of the victim), investigation reports (to secure face-to-face statements of the victim), and investigation reports (as to the victim A, the victim's name);

1. Emergency key of sexual assault;