beta
(영문) 광주지방법원 순천지원 2018.10.25 2018고합135

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)

Text

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

Reasons

Punishment of the crime

[criminal record] ① On November 11, 2005, the Gwangju District Court rendered a two-year suspended sentence of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) in the pure support of the Gwangju District Court, and the judgment became final and conclusive on November 19, 2005.

② On August 13, 2008, the Gwangju District Court sentenced the suspension of the execution of imprisonment with prison labor for larceny for six months at the Gwangju District Court, on August 21, 2008, which became final and conclusive on August 21, 2008.

③ On November 16, 2017, the Incheon District Court sentenced 8 months of imprisonment with prison labor for special injury, etc. to 2 years of suspended execution, etc., and the judgment became final and conclusive on November 24, 2017.

[Criminal facts] The defendant, around 00:10 on July 24, 2005, entered D dan operated by the victim C (at the time, 44 years of age) in B as a guest and ordered to drink together with the victim.

At around 01:40 on the same day, the Defendant issued an additional order to the injured party for security, and then knife the knife, which is a dangerous object, knife the injured party's hand to prepare for security, and then knife the knife to the injured party.

I see the skin.

In order to threaten and threaten the victim, and to prevent the victim from putting the panty on the stude and lying on the stude with a knife, the victim was unable to have sexual intercourse with the victim, and the victim was unable to have sexual intercourse with the victim “the next string of the toilet to the stude toilet,” and the victim was unable to enter the toilet and hidden with the wind.

Accordingly, the defendant carried dangerous things and tried to commit rape by assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (verification of the discovery of the fact of conformity with the DNA), investigation report (report on attachment of medicines inside the victim's danran bar), investigation report (report on confirmation of the location of the Ddanran bar), and accompanying documents;

1. Notification of the discovery of the conformity with DNA identification information, and response to requests for appraisal;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction.