beta
(영문) 부산지방법원 2016.12.23 2016고합631

강간등

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 four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Attempted larceny;

A. On August 25, 2016, at around 05:59, the Defendant opened a truck door owned by the victim D and attempted to steal money and valuables, but failed to bring the driver’s seat door to the end.

B. The defendant 1-A

At the time and place stated in the port, the victim F opened a door of the G car owned by the victim F and attempted to steals money, but the driver's seat was not destroyed and thus the intention was not achieved.

2. At around 06:05 on August 25, 2016, the Defendant: (a) opened a backward door, which was not corrected for a passenger car owned by H; (b) discovered the victim J (the age of 24) who was diving by the chief chair; and (c) was willing to rape the victim.

The Defendant: (a) laid down the victim’s entrance and joint knife at the shoulder by hand; (b) threatened the victim with her knife; (c) forced him to take the knife with his knife; (d) her knife his knife with the knife’s clothes; and (e) her chest by carrying his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife’s knife with his knife, her knife with his knife with his knife with his knife, her knife the victim’s resistance, her knife his knife the victim’s knife, and raped with his k.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to J police officers;

1. Written statements prepared D and F;

1. Each protocol of seizure and each list of seizure;

1. A request for appraisal of sexual assault response height, a response letter (written replys, etc. on the results of appraisal of the scene of the crime);

1.Each investigation report; and