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(영문) 부산지방법원 2018.05.25 2017고합649
재물손괴등
Text

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

1. The Defendant who damaged property at around 00:08 around July 6, 2017, at the 3’s room operated by the victim D located in Busan Dong-gu, Busan Dong-gu, the Defendant: (a) was the victim who had come to sleep while entering the above singing room; and (b) the victim was the only victim.

On the ground of the fact that the victim was found to drink the alcohol with the free window of both weeks, and damaged and damaged the above window equivalent to KRW 100,000 in the market price.

2. The Defendant was raped on July 25, 2017, at around 05:00, the 3 room at the instant singing room, where the Defendant scam together with the drinking while drinking together with the drinking, and the victim D (50 years of age, female) remaining in the room of the mixed, led the victim D (the victim 50 years of age, female) to the indoor room, and after the end, she scamed with the blick, and blicked with the handphone, and the victim again scamed with the handphone.

“The studio was 1 studio at the studio.”

The Defendant: (a) laid down the victim from a softened place by breaking the victim at the place; (b) laid down the panty of the victim; and (c) laid down the wind that does not have a sexual intercourse with the panty; (d) took the victim’s surrounding areas, shoulders, heads, etc.; and (e) took off his bucking the face to prevent it by gathering off his bucking the face; (e) taken the victim’s buckbucks, legs, and bucks, etc.; and (e) taken bucks of the victim’s bucks, legs, and bucks, etc.; and (e) sustained the victim’s shoulders and skes that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (No. 2, 5, and 6) and accompanying documents;

1. Photographss and diagnosis reports of images on the upper part of the victim's wife;

1. Images damaged by property;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Relevant legal provisions concerning facts constituting an offense, Articles 301, 300, 297 of the Criminal Act (the fact of causing rape, the choice of imprisonment with prison labor) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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