(영문) 인천지방법원 2012.09.10 2012고합811

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(영문) 인천지방법원 2012.09.10 2012고합811

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 08:00 on May 30, 2012, the Defendant met with the victim D (the victim, who was 34 years of age) who became aware of 33:09 of the “Seoul-si Macel” 309 on the same day, and performed drinking at around 03:00, the Defendant saw the victim to face her head with the wall by her hand and her head and face with the victim. When the victim faces about her head and face with the wall, the Defendant put the victim inside and around the well-round 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (hereinafter “The Criminal Procedure Act”), together with the victim’s reason for sentencing, provides for a sentence by taking into account the following: (a) contingent crime committed while drinking alcohol; (b) the victim’s injury is not much weighted; (c) the victim deposited KRW 2 million as compensation for damages; (d) the person having no previous criminal record was a primary offender; and (e) the person having caused a water, regardless of the content and circumstances of the case, has expressed a profound reflection on the person having caused the

The acquittal portion

1. The summary of the facts charged is as follows: (a) the Defendant: (b) at the time and place stated in the facts charged in the judgment; (c) while drinking alcohol with the victim D at the same time and place, the Defendant: (a) had the victim mind that the victim would have been able to rape with his house first; (b) had the head of the victim faced with the wall by hand; (c) had the victim faced with his hair and face by drinking the victim; and (d) had the head and face by drinking the victim; and (c) has governance; and (d) had the balance, which is a dangerous thing, taken by hand, bread with the victim, humbing the part of his arms; and (d) attempted to rape the victim by pressing the victim’s resistance on the side of the victim’s timber; (b) had the victim’s sexual organ not caused the Defendant’s sexual organ.

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