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(영문) 부산지방법원 2014.02.07 2013고합613
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Around August 13, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) attempted to catch the entrance and exit after going through the front of the house of the Defendant, 301, the same building as the Defendant’s house No. 104, Busan, Jin-gu, Busan, and 301.

The victim D(n, 21 years of age) was friendly for a person residing together at the same place, and the Defendant, even with the entrance, opened the cresh by opening another door, flicked the victim’s entrance part by one hand, and invaded the victim into a ward by pushing the victim into the house.

Since then, the Defendant committed an indecent act against the victim during the process of dividing the victim's talks after the victim, etc. who sited in the family register in front of the ward, and committed an indecent act against the victim's chests and the sound on several occasions on the rear side of the victim.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

2. In the course of intrusion upon the victim’s residence, the injured Defendant left the victim’s arms, necks, etc. with the victim’s hand, and left the victim’s face twice in drinking, the injured Defendant puted up the victim’s face on approximately 28 days, such as the lower left-hand side and the lower left-hand side and the lower right-hand side.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written examination of partial suspect against the accused by the prosecution (second time);

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

1. Article 3 (1) of the relevant Act on Criminal Facts, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1) and 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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