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(영문) 부산지방법원 2014.04.18 2013고합971
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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

피고인은 2013. 12. 12. 피해자 E(여, 17세)와 사이에 스마트폰 채팅어플리케이션인 “즐톡”을 통하여 속칭 ‘조건만남’으로 120,000원을 주고 성관계를 하기로 약속한 후, 피해자를 칼로 위협하여 강간하기로 마음먹고 미리 준비한 흉기인 식칼(칼날길이 18.5cm)을 가방에 넣어 소지한 채 부산 동래구 온천동에 있는 롯데마트 앞길에서 피해자를 만났다.

On December 12, 2013, at around 22:30, the Defendant intruded the victim’s residence in Busan Eastdong-gu F, which is the victim’s residence, for the purpose of rapeing the victim, and laid down the victim into the victim’s drinking part of the victim’s knife by cutting the above food knife into the part of the victim’s knife, and putting the victim’s resistance on the part of the victim’s knife, “I am knife two knife of the victim’s inner part.” The Defendant dnife the victim’s chest and knife with the victim’s chest and knife, which is a sex auxiliary, into the part of the victim’s drinking part.

The defendant continued to have sexual intercourse with the victim by stating that "the victim is immediately impossible," making the victim prompt, lying the victim on a bed, and inserting the victim's sexual organ into the victim's negative part.

Accordingly, the defendant invadedd the victim's residence, and raped the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E;

1. Police video CDs against E;

1. Records of seizure and the list of seizure;

1. On-site inspection reports and investigation reports (investigation into the purchaser of the implements implements);

1. The application of relevant Acts and subordinate statutes to each explanatory note (written inquiry into the results of fingerprinting at the scene of the crime, and written appraisal by the Law of the National Institute of Scientific Investigation

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319(1) and 297 of the Criminal Act, and special cases concerning the punishment, etc. of sexual crimes.

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