logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.08.13 2015고합47
강간등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

In the part of the facts charged of this case, “The Defendant committed rape on March 201, and did not report the fact of injury to his family,” stating that “The Defendant’s sexual intercourse with the Defendant has been threatened and forced on several occasions by threatening the victim to know the fact of the sexual intercourse with the Defendant to his family, by taking advantage of the circumstances of the victim, who could not report the fact of injury to his family.”

However, according to the evidence duly adopted and examined by this court, the defendant and the victim can only recognize the fact of sexual intercourse several times from the first sexual relationship around 201 to the end of 2014, and further, there is insufficient evidence to view that the victim brought about a continuous sexual relationship against his/her will against the victim's will. Thus, this part of the facts constituting the crime is deleted.

1. Intimidation;

A. On December 2014, 2014, the Defendant threatened the victim of G Garan, which is in the Jeju City F, operated by the Victim E (F, 57 years of age), with the victim’s awareness of the Defendant, “Influence, shot away, sticking to the body of the Defendant, shot away, shot away, shot away, not to engage in funeral, thereby displaying sexual intercourse in front of vaga, and divorced.”

나. 피고인은 2015. 1. 4. 01:30경부터 02:39경 사이 위 G단란주점에서 피해자에게 “죽여 버린다, 너 죽이고, 깜빵 가서 5년 살고 나오면 된다, 남편한테 그 날 찍은 거 이 사건 공소사실 제4항에 기재된 바와 같이 2014. 12. 18. 피해자의 음부 부위 등을 촬영한 동영상을 지칭한다. 전송 시킨다”라고 말하여 피해자를 협박하였다

The Defendant asserted that there was no threat as above at the above time and place, but according to each evidence duly adopted and investigated by this court, the Defendant was sufficiently threatened with the victim.

arrow