(영문) 대전지방법원 서산지원 2013.10.31 2013고합76

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2013.10.31 2013고합76

강간등

Text

A defendant shall be punished by imprisonment for three years.

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

1. On August 26, 2013, the injured Defendant, who started living in the Defendant’s residence located in Seosan City B, had been living together with the Defendant’s credit card (the age of 43) for more than several days, and had been responding only to the Defendant’s credit card, and had obstructed the Defendant’s body, and caused damage to the victim’s body in Seosan City D by neglecting the victim’s left-hand clive with his hand over several times due to his hand, leading the victim to the head debt, leading the victim to the head debt for more than three weeks, requiring treatment.

2. At around 23:00 on August 26, 2013, the Defendant assaulted the victim, as set forth in paragraph 1, at the above Defendant’s house, and she was raped by having the victim fright, frighten, and sit in the front room with only frighten, and by inducing the victim to be raped in a timely manner by attracting her hand, leading the victim to her hand, and then leading the victim “I Do not want to do so,” and “I am fright,” on the part of the victim, “I am fright,” and “I am off the victim, I am off the victim on the part of the victim and panty, and prevented him from protesting against the victim, and sexual intercourse with the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 257 (1) of the Criminal Act and Article 297 of the Criminal Act (the point of injury and the choice of imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the extent that the sum of the long-term punishments of the crimes specified in the heavier punishment for the crimes of rape is added);

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the accused deemed to be the grounds for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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