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(영문) 대구지방법원 2007.10.16.선고 2007고합257 판결
강간상해,강간치상,강간,재물손괴
Cases

207Gohap257 Rape, bodily injury resulting from rape, rape, damage to property

Defendant

MaO, Manufacturing

Prosecutor

Dominants

Defense Counsel

Attorney Park Jong-hoon

Imposition of Judgment

October 16, 2007

Text

A defendant shall be punished by imprisonment for six years.

131 days of detention prior to the issuance of this judgment shall be included in the above sentence.

The seized envelope 1(tension 1), 10,000 won paper paper (tension 2), and 224 copies (tension 3) shall be confiscated, respectively.

Of the facts charged in this case, the prosecution against rape***,**,** all of the charges in this case is dismissed.

Reasons

Criminal facts

Defendant,

1. Fashing the female in the way to report to the police on the ground that it threatens the female in danger of breaking up a fake machine (a white envelope (No. 1 of the voltage) into which 224 sheet (No. 3 of the pressure) was laid down in a white envelope (a white envelope (No. 2 of the pressure) and a foot 224 sheeted in a large size of 0,000 won)), and the female in danger of harming the female infacing the route, and thus, attempted to steals without returning the remaining money at the face of the facing, to a place without a person, such as the rooftop of the building, etc., to commit rape;

A. On May 2, 2005, around 21:45, Daegu Northern-gu********’s right before beauty cell, the victim was aged 21 in the above manner.

In threatening women, the above***** having 2 cosmetic-class office, having knee knee knee with knee with knee with knene, and attempted to rape the female, but the female did not come to an end with the wind of the defendant's buckbucks, so that it did not come to the end, and thereby has caused the female to incur the injury of having the kne as to the unclaimed arms and legs part of the treatment days.

B. At around 23:00 on May 28, 2006, finding a way to a female in front of the subway district in the Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter referred to as the "victims 16 years of age"), threatening the female to take the stairs between the fourth and fifth floor of the 00 building in the said dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and continuing to have the female's stairs in the 00th floor in the said dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-.

D. On December 31, 1999, around 18:00 of the same year, the victim found 000 (00, 20 years old) in front of the Gugyeong-dong located in the Gugyeong-gu, Simpo-si and threatened with such a method as above and threaten that the female **** if the female will continue to be on the rooftop of the next building, it may report it to the police, and die.” On the other hand, the female's face may be unable to resist at once by drinking, and the female's face shall be raped once after having been forced to resist, and the victim, etc. in the number of days of treatment shall be injured.

E. On June 7, 2007, about 00:20, about 00 :20, Daegu Northern-gu*** on the street in the front and front of Mana, facing the above-mentioned method, it threatens the female to enter the 840-2 O building rooftop, making the female head kneel kneel, and knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne, and knee knee kne knee kne knee kne knee kne kne, and knee knee ke kne ke ke kne ke kne ke kne kne ke kne ke kne ke kne.

2. The date and time set forth in paragraph 1(e) and at a place set forth in paragraph 1(e) were charged with the act of committing the act, as set forth in paragraph 1(e), and then laid down a wooden signboard on the first floor door of the 00 building managed by the victim 00, which was diving, and damaged the market value of 70,000 won at the glass window.

Summary of Evidence

1. The statement corresponding thereto made by the Defendant in this Court; 1. The statement corresponding thereto made by the witness 00,000 and the witness 1. The investigation report prepared by the Department of Prosecutor's Office in the Daegu District Prosecutors' Office in the Republic of Korea (Evidence No. 33) which corresponds thereto;

1. Each statement corresponding thereto in the statement statement** made by the assistant judicial police officer**

1. Each investigation report (the Nos. 1, 4, 6, 11 of the evidence list) prepared by the assistant judicial police officer, and descriptions and photographs of the seizure protocol;

1.** Each entry in each complaint prepared by **

1. The statements and photographs of each request for appraisal, each of which is prepared by the chief executive officer of the National Institute of Scientific Investigation and Investigation and the chief executive officer of the National Institute of Scientific Investigation and Investigation (Evidence Nos. 19,35,37);

1. The description that corresponds to the medical certificate with respect to 000 prepared by a doctor;

1. A statement in a written estimate to be prepared by 000;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Facts No. 1-a. (e): Articles 301, 300, and 297 of the Criminal Act;

(b) Facts No. 1: Articles 301 and 297 of the Criminal Act (Optional to Imprisonment with prison labor). Article 1-b of the holding, and Article 297 of the Criminal Act

(d) Facts of its holding: Article 366 of the Criminal Act;

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes with Punishment and Punishment No. 1) Articles 38 (Aggravation of Concurrent Crimes with Punishment) and 50 (Aggravation of Concurrent Crimes with Punishment No. 1) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Public prosecution under Article 48 (1) 1 of the Criminal Act

1. Summary of the facts charged

The Defendant is attempting to rape women who are going to the way in the same manner as stated in paragraph (1) of the facts of the crime in the judgment;

A. On September 19, 2004, 19.21:00, Daegu Northern-gu***** in front of a university, the route for a woman is threatened by the above methods, leading the woman to the fifth floor of the building located in 1402-1 of the same Gu, and continuing to report it to the police. House. The parents, schools, threaten the woman to be downloaded, threaten the head to be cleeped from the floor on the floor, divided the two arms of the woman into two descendants, having the ability to resist on the floor and divided it into two arms, and sexual intercourse once after the 1402-1.

(b) the detection of a woman in the above-mentioned manner that he knows about 10.4.21:30 of the same year (10.4.21:30)**** A woman in sexual intercourse with the victim of 000, 20 years old in his old road (hereinafter referred to as the "victim") **** A woman in sexual intercourse with the victim of 5th floor of the building located in the fiveth floor, who has taken the her face into two descendants, taken the her face into several times, taken the her face into consideration once in drinking, and failed to resist her face, once;

C. On November 19, 19, at around 22:10 of the same year, the victim found 00 (n'e, 19 years of age) in front of a high-speed bus terminal 000, Daegu-gu, 000 dong-gu, Daegu-gu, 00, and had such a method as above, threatening the female, and continuously taken the female into the stairs of the five-story floor in the same location, with the 'Neas', 'Neas' and 'Neass are our father's operating expenses, and if they do not hear the horses, report it to the police, and can die at this present, and rape the female by committing sexual intercourse once again.

2. Determination

Each of the above facts charged is a crime falling under Article 297 of the Criminal Act and can be prosecuted only when the victim's complaint is filed under Article 306 of the Criminal Act. Since 00,000,000 and 000, the complainants after the prosecution of this case, each of the above facts charged revoked the defendant's complaint after the prosecution of this case, the above indictment against the defendant is dismissed in entirety in accordance with Article 327 subparagraph 5 of the Criminal Procedure

Judges

The presiding judge, judge, Gangseo-gu

Judge Cho Jong-he

Judges Yoon Jae-won

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