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(영문) 대전지방법원 2012.04.13 2011고합461
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Punishment of the crime

At around 05:00 to 05:30 on September 25, 201, the Defendant: (a) within the house of the victim G (n, 21 years of age) of 303 Bara in Daejeon-gu, Daejeon-gu, Daejeon-gu; (b) opened a beer window outside the 302 gate immediately next to the victim’s home, who is one’s own residence, and did not lock the above 303 room; and (c) took the victim’s house inside the victim’s house, and was able to wear a shoulder, who was in the main room of the 303 room, and wears a shoulder, which is a dangerous object, with the victim who was diving, and was able to take the victim’s face, and took the victim’s sound off with another hand, and forced the victim’s her face, and made it impossible for the victim to put the victim out of the her face into sexual intercourse; and (d) made it impossible for the victim to put the victim out of the her face.

Summary of Evidence

1. A statement made by the witness H to this effect in this court;

1. Any statement made by a witness I in the second protocol of the trial;

1. Any statement made by any witness G, J and K in the third protocol of the trial, as appropriate;

1. A statement to the effect that the seizure of one senior security guard and one senior security guard as shown in the judgment, among records of seizure prepared by the assistant judicial police officer, has been effected from G;

1. A statement of an investigation report prepared by a court official in charge of the prosecution (in cases of attaching photographs of a suspect) and each image appropriate for such report;

1. A statement that conforms to the written appraisal (2011-C-7837) prepared by an appraiser H;

1. Each description in compliance with the request for appraisal, such as a written consent to collect DNA identification data, a report on collection of DNA samples, and a DNAA (F rape case);

1. Application of each video statute corresponding thereto, among the field and seized photographs, and outputs of USB photographs;

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

2. A sexual crime;

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