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(영문) 서울남부지방법원 2020.02.18 2019고합439

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

1. On October 19, 2019, at around 00:30 on October 19, 2019, the Defendant: (a) discovered the victim D (one’s name, two’s age, 37) who was living alone in front of a pharmacy located in Yangcheon-gu Seoul Metropolitan Government; (b) led the victim before the house of the victim located in Yangcheon-gu Seoul, Yangcheon-gu and E; and (c) the victim opened the door with the key and intruded into the victim’s house to open the door and close the door into the house.

2. The Defendant injured the victim’s bodily injury, as described in the above paragraph (1) above, was invaded into the victim’s house and frighted with the victim’s knife with his knife, pushed the victim’s knife with his knife with his knife, pushed the victim’s face and head, booming the victim’s knife with his knife and knife at several times, and flife the victim’s knife with his clothes attached to the Defendant’s knife with the victim’s hand, thereby

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D;

1. A written statement;

1. Investigation report (related to the intensity of the victim and the suspect's moving-dong line);

1. A medical certificate;

1. Application of CCTV images and photograph CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the points of intrusion upon residence, the choice of imprisonment), Articles 262, 260 (1), and 257 (1) of the Criminal Act (the point of injury resulting from violence and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crime of causing violence and bodily injury heavier than the punishment) among concurrent crimes;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the assertion is that the Defendant play play in the victim’s secret voice.