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(영문) 수원지방법원 2015.01.22 2014고합629

강간등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2014. 10. 15. 06:00경 C 검정색 그랜져 승용차를 운전하여 경기 용인시 기흥구 D에 있는 피해자 E의 집 앞으로 가 그곳에 차량을 주차한 후 위 차량 안에서 피해자에게 계속 만날 것을 요구하였으나 피해자가 대답을 회피하자 화가 나 맥주캔을 비틀어 찢어 찢겨진 단면을 피해자에게 들이대며 흔들고, 소주병을 깨어 깨진 조각으로 자신의 팔을 그어 자해하는 시늉을 하며 피해자를 협박하였다.

2. At around 06:30 on the same day, the Defendant: (a) demanded the victim, who is frighted in hot spring due to the aforementioned series of circumstances, to frighter, and entered the victim’s house; (b) carried the victim’s house; and (c) diving the victim’s window; and (d) carried the victim’s fright, frighter, frighter, and frighten from the house, frightered the victim’s frighten, frightened the victim’s bat; and (c) caused the victim’s injury, such as light dump, tension, etc., requiring two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Some statements in the prosecutor's office and the police's statement regarding E;

1. The police statement concerning F;

1. A medical certificate;

1. Photographs (vehicle), photograph, photograph, victim photograph, list of reported cases 112, victim's clothes, Kakao message photograph, etc.;

1. Determination as to the assertion of each investigation report (Evidence Nos. 1, 4, 8, 11, 14, 15, and 26) and the defendant and defense counsel

1. Summary of the assertion

A. In the case of paragraph (1), although the defendant had teared cans and threatened the victim, he did not have dancing the victim. In the case of paragraph (2), he was the victim who attempted to engage in abnormal behavior.