(영문) 창원지방법원 2014.02.13 2013고합280

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(영문) 창원지방법원 2014.02.13 2013고합280

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 03:00 on September 17, 2013, the Defendant used the key on the boiler gate that was set on the boiler gate and infringed upon the victim’s residence. The Defendant used the key on the boiler gate, where the victim’s clothes were found to be hidden in the victim E’s house located in Changwon-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of statutes on site photographs;

1. Relevant Article 319(1) of the Criminal Act concerning facts constituting an offense and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of fines);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was committed by the victim who was in a one-time relationship with the victim's house at night in the manner as indicated in the judgment of the court below, and thereby has damaged the peace of the residence of the victim. However, the crime of this case was committed as ordered by the defendant, considering the following as a whole: the defendant's age, character and conduct, environment, the circumstances of the crime of this case, and the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, and environment, have no record of criminal punishment heavier than suspended execution.

The acquittal portion

1. Of the facts charged in the instant case, the summary of the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by rape, rape, and confinement was the victim E (the age of 25) and the school restriction for about one year from August 2012, and the victim was fluored on the ground that he was the victim’s hedging to the defendant around August 2013 and became a private right.

Even after the victim got her her her sway, the Defendant continued to walk on the phone to the victim, and the victim refused to do so and got her her sway and drinking on September 14, 2013, while the victim got her her sway and talks with his her her her her sway, and the phone calls again to her sway the Defendant.

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