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(영문) 대전지방법원 천안지원 2013.07.31 2013고합122
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 01:20 on June 6, 2013, the Defendant discovered the victim D (age 39) on the roads near the Seo-gu, Seo-gu, Incheon Metropolitan City C building, and caused the plenary intent to commit rape.

The defendant sent a witness to board the elevator by entering the building C, and first enters the building C by using stairs, and followed the victim who opened the 302 entrance door of the C building, and led to 302 unit.

In 302, the Defendant: (a) threatened the victim with the victim’s neck, “I am dead, dlehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

On the other hand, the Defendant continued to have sexual intercourses with the victim, who had a name unsatisf in front of the above 302, and the kitchen knife in front of the victim, with the victim’s item, “at other times the police have been aware of governance,” and then had sexual intercourse with the victim once.

As a result, the defendant intruded the victim's residence and raped the victim using dangerous things, and suffered approximately three weeks of treatment to the victim in the course of the rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Description of the medical certificate of injury and images of images of the injured part of the victim;

1. Making entries in the seizure record and the list of seizure, and applying video-related Acts and subordinate statutes to the kitchens and photographs of criminal tools;

1. Article 8(1), Article 3(1), and Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) and Article 319 of the Criminal Act concerning criminal facts;

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