(영문) 서울북부지방법원 2013.04.26 2013고합74

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.04.26 2013고합74

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

At around 02:30 on February 8, 2013, the Defendant: (a) from the main point operated by the victim D (n, 40 years of age) located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant: (b) went to the customer with the alcohol value of KRW 100,00,000; and (c) was drinking together with the victim; (b) had the victim, who entered the toilet in order to view the urine, obtained the said KRW 100,000,000, and

The Defendant used a knife (33.5cm in total length, 20cm in knife) which is a dangerous thing in the kitchen, and entered a toilet, “the victim will die as to whether he would die or not,” and threatened the victim’s knife with a knife as to the knife.

Accordingly, the victim threatened the victim's neck with her hand by her hand on the side of a pole, her knife a knife and her knife the knife, and threatened the victim with "the knife. knife. knife. knife". The victim threatened the victim with 14 K knife knife (26 cm in total length, 14 cm in daily length) which is dangerous in the nife of the nife, and the victim's knife with 100,000 won in total value, which had been reported to the victim's nife the victim's knife. knife, the victim's knife knife knif

Although the Defendant continued to have had the victim “I are able to have any defect, I are only,” and tried to commit rape by force, the Defendant was unable to enter another person. However, the Defendant did not come to the wind of the victim’s escape due to the escape of the victim.

As above, the Defendant, by threatening the victim to suppress the resistance, took property by force, attempted to rape, but failed to bring about such intent.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of the victim;

1. Seizure records;

1. Application of Acts and subordinate statutes on site photographs, investigation reports, appraisal reports, and 112 report handling records;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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