(영문) 대구지방법원 안동지원 2016.05.26 2015고합82

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(영문) 대구지방법원 안동지원 2016.05.26 2015고합82

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) was introduced by 4 years prior to the Defendant: (a) was aware of the victim F (inn, 56 years of age) who was operating a restaurant in Ansan-si E; (b) was frequently visited the said restaurant by drinking alcohol; (c) on July 2015, the Defendant discovered that, under the influence of alcohol at around 20:00, a customer who was in the said restaurant had the ability to discern things or make decisions; and (d) was able to find out the remainder of the victim and to rape the victim.

Defendant 1 entered and intrudes into the open door of the above restaurant, lying the victim on the room located in the restaurant, suppressing the victim’s body, and, intending to rape by getting off from the victim’s body, cutting off the victim’s rocks, and attempted to rape, she escaped from the wind, which is the owner of the nearby restaurant business, and attempted to flee.

2. From around 22:40 to 23:07 on Nov. 27, 2015, the Defendant passed ahead of the above restaurant. While under the influence of alcohol, the Defendant discovered a mixed victim in the said restaurant with the lack of the ability to discern things or make decisions, and went into the restaurant with the mind that the victim would rape the victim. Then, the Defendant: (a) dumped the victim’s body going above the body; (b) dumped the victim into the body; (c) dump the victim’s body; and (d) dumped the victim into the body; and (d) dump the victim’s body; and (e) dumped the victim’s sexual organ into the part of the victim; and (e) dumped the victim’s body; and (e) dumped the victim’s own sexual organ into the part of the victim; and (e) dumped the victim’s body into the part of the victim’s body necessary for treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to F and G;

1. Reports on internal investigation (the photographs and photographs taken by the suspect A at the time of his/her death) 1.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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