logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.22 2015고합416
강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant, at around 17:00 on May 13, 2015, calls from the Defendant’s home located in the 1st floor, Seo-gu, Busan, Seo-gu, to the victim D (the age of 61), and calls from the Defendant’s home located in the 1st floor, Seo-gu, Busan.

It shall be known to her husband.

“Intimidating the victim, to have him frightened with the house of the defendant,” and the victim “as soon as the victim frights to the defendant.”

be put to the house.

"A defective defendant, who intends to go at the defendant's home, laid the front door and let the victim out of the body of the defendant, carried the victim's clothes and arms, laid the victim's clothes and arms into the room in a compulsory manner on the floor, cut off the victim's panty and the victim's panty, and prevented the victim from resisting by both hand, and raped the victim by having sexual intercourse once.

2. The prosecutor who damaged special property was prosecuted for violating the Punishment of Violences, etc. Act (a group, deadly weapons and other property damage, etc.), and subsequently revised the bill of amendment as follows:

The defendant, at around 15:00 on May 16, 2015, the victim who received the phone from the defendant at the place specified in paragraph (1) at around 15:0, does not seem to be "if the victim speaks to the defendant."

“Along with the fact that the victim was able to unfold the string of the knife of the knife, concealed the victim’s confidence in the toilet, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to report on investigation (victim D's oral statement);

1. Relevant legal provisions and the occupation of rape in relation to the crime: The occupation of carrying and destroying dangerous articles under Article 297 of the Criminal Act: Articles 369 (1) and 366 of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the above two crimes) of the aggravated concurrent crimes.

arrow