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(영문) 대구지방법원 2018.09.14 2018고합225
강간치상
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 14, 2017, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Daegu District Court, and the judgment became final and conclusive on December 1, 2017.

【Criminal facts】 The Defendant is the relationship between the victim C (V, 43 years of age) and the victim from July 2015 to April 2017.

On August 25, 2017, the Defendant: (a) talked with the victim’s house located in Gumi-si, Gumi-si; and (b) asked the victim to talk about a monetary issue to the effect that “I would have to pay the money twice; (c) but was refused to do so; (d) she saw the victim as “I would be able to take a bath by making a report and recording of the victim,” “I would like to take a back the victim’s back and take a head knife; and (d) she tried the victim to enter the room to flee out of the room.”

Accordingly, the defendant is required to leave the clothes of the victim, and has knife both knife and knife them over one time.

n Other gue refers to “hy that is why we cannot see” in the context of the call of the victim, and the head and face of the victim were taken by hand, and attempted to rape after suppressing the victim’s resistance. However, the victim continued to resist and did not commit an attempted crime.

As a result, the defendant tried to rape the victim, but the defendant was forced to do so, and due to this, the defendant suffered the victim's salt and tensions, two skins, the stoves, the part of the stoves, and the part of the stoves which require approximately two weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to C;

1. An investigation report (referring to submission of a victim's diagnostic report) and a medical certificate for injury;

1. Investigation report (to attach an output of the processing statement of the report 112) and the details of processing the report 112;

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation reports (Attachment of judgment, etc.);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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