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(영문) 대전지방법원 공주지원 2014.06.11 2014고합1
강간치상등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 02:00 on June 23, 2013, the injured Defendant committed assault at the victim’s house located in Gongju-si c apartment 301 Dong 309, 309, such as pushing the victim D (n, 38 years of age) with a knee and kneeing a part of the knee with a knee and kneeing a part of the 14-day plant that requires medical treatment.

2. On August 5, 2013, at around 11:30 on August 5, 2013, the Defendant destroyed and damaged the victim’s house as referred to in paragraph (1) by leaving the cell phone equivalent to KRW 990,000, the market price owned by the victim, which was 90,000, by leaving the cell phone at the victim’s house with another person.

3. At around 13:30 on August 7, 2013, the Defendant: (a) forced the victim to detect and not to attract the victim in the C apartment corridor; (b) demanded sexual intercourse with the victim by forcing him to enter the Defendant’s house; (c) the victim salveds and resists the victim; and (d) took the victim’s knife, knife, knife, and knife, knife, and knife, knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife.

4. 강간미수 피고인은 2013. 8. 21. 16:00경 위 C아파트 301동 앞 1층 놀이터에서 피해자를 어깨에 둘러메는 방법으로 강제로 위 아파트 301동 408호에 있는 자신의 집안으로 끌고 들어와 피해자의 양손을 붙잡고 발로 걷어차며 반항하는 피해자를 꼼짝 못하게 눌러 반항을 억압하고 피해자를 1회 간음하여 강간하려 하였으나 피해자가 완강히 저항하여 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement of E and F;

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 criminal facts;

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