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(영문) 서울남부지방법원 2013.07.11 2013고합198
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

One kitchen (No. 1) and one excessive knife (No. 2) shall be confiscated.

Reasons

Punishment of the crime

While the defendant was in the 1st degree of her wife and the 1st degree of her visually disabled, the defendant was in the victim D (the 52 years of age) who was employed as an assistant of C, and had a usual sense.

1. At around 14:00 on April 8, 2013, the Defendant, at the house of Yangcheon-gu Seoul E Apartment 110 Dong 208 Dong-gu, Yangcheon-gu, Seoul, 2013, 110 Dong 208 Dong-gu, had a mind to report and rape the victim who saw C, and, at the same time, had the victim tightly assaulted, “be off the clothes,” and “be off the clothes,” but the victim resisted that he did not refuse to do so, the Defendant tried to rape by threatening the victim with a deadly weapon, which was in the kitchen (30 cm in total, 17 cm in length), and by threatening the victim. However, the Defendant was pushed the Defendant, who was under the influence of the victim, and opened the front door and attempted to commit rape.

2. On April 12, 2013, at the house of the above C around 18:00, the Defendant: (a) took one knife in length, which is a deadly weapon, and attempted to rape, by threatening the victim’s knife by threatening the victim, at a small room where the victim intending to leave; (b) took one knife, which is a deadly weapon; and (c) took a knife the victim’s knife; and (d) attempted to rape; (c) sought the victim’s words “I am to go after the month.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor's office with respect to D and C;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 and Article 4(1) of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter “former Special Cases Concerning the Punishment, etc. of Sexual Crimes”) and Articles 297 of the Criminal Act concerning criminal facts and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Jun. 19, 2013);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes in violation of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) as stated in paragraph (2) of the same Article].

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