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(영문) 대구지방법원 서부지원 2014.05.15 2013고합223

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for three years.

See, respectively, one shot-knife (No. 1), and the guns to be assembled by a yellow tape (No. 2).

Reasons

Punishment of the crime

On November 18, 2013, at the defendant's house located in Seo-gu Seoul Building 203 around 10:00, the defendant had an internal relationship with the defendant, but the defendant tried to teach again to the victim D (V, 45 years old) who continued contact with the defendant. However, the victim refused contact and sent it to the house, and tried to commit rape.

The defendant set the entrance correction devices to prevent the victim from escaping, followed the victim's main money, and forced the mobile phone to force the victim's cell phone to turn off the following all, and taken off the knife (No. 1 and No. 22 cm in the blade) which is a dangerous object in the retail of the defendant's knife, "the knife died and knife", and threatened the victim three times with a yellow tape (No. 2) with both arms and body of the victim so that the victim could not resist, so that the victim could not resist, she exceeded the victim's will and panty, raped the victim once, and detained the victim for about 14 hours from the same day until 23:50 on the same day.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement to E by the police;

1. Police seizure records;

1. A written appraisal of the preparation of F,G, and H by a DNA investigative officer belonging to the Supreme Prosecutors' Office;

1. A response to the request for appraisal by the head of the National Institute of Scientific Investigation and Investigation to the Busan Institute (2013-S-13469), each fact inquiry letter;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Selection of punishment and limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Confiscation Article 48(1) of the Criminal Act