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(영문) 서울남부지방법원 2016.08.18 2016고합289
강간등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who was in a relationship with the victim C (V, 38 years of age), and the victim is doubtful that he is living another male.

1. Damage to property;

가. 피고인은 2014. 1. 5. 23:00 경 서울 양천구 D에 있는 피해자의 집에서 피해자가 사 온 우유, 계란 등 식료품이 들어 있는 봉지를 거실 바닥에 집어 던져 우유 곽을 터뜨리고 계란을 깼다.

B. The Defendant, at the date and time, as indicated in the following paragraph 3, was sent out of the house by the victim, and at the place, the victim broken away the table, visibility, cellular phone, etc., and broken down the table glass, visibility, glass, and cellular phone.

As such, the Defendant destroyed the unclaimed property at the market price, which is the victim's possession, on a total of two occasions.

2. Rape;

A. In July 2014, the Defendant had sexual intercourse once with the victim who returned home at 4:0 a.m. in the middle of July 2014, after having taken the victim’s house, and having her clothes shocked the victim with tearing the victim several times in drinking, etc.

B. On January 26, 2015, at around 23:00 on January 26, 2015, the Defendant, at the victim’s house, abused the victim’s body by means of assaulting the victim and suppressing his resistance by cutting the victim’s leg and her hair with her hair, her hair, her hair, and so on.

As such, the Defendant raped the victim twice in total.

3. On August 18, 2014, the Defendant was drunk at the victim’s house on August 18, 2014, and 5 times off the victim’s left side without any reason due to drinking.

As a result, the defendant got off the victim's treatment days so that he was unable to know.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 366 of the Criminal Act concerning the facts constituting an offense, the applicable law, and the choice of punishment, as well as Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), Article 297 of the Criminal Act (the point of rape), Article 257 (1) of the Criminal Act (the point of harm and the choice of imprisonment);

1. Aggravation concurrent crimes;

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