logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.03.24 2016고합820
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 3, 2016, at a singing room around 07:30 on July 3, 2016, the Defendant served in each of the following fields: (a) with two male musical and singing singinges; (b) with two male musical and singing singinges; and (c) with an even number of playing, the Defendant served in each of the approximately 506 and 508 of the Dael located in Busan-gu, Busan.

Defendant, on July 3, 2016, 14:00, she was satisfed by himself/herself.

DoMoel 508 B and 506, which were left in front of the 506 heading room, found that the victim E (the 21-year-old age) was able to take part in the congested room.

Accordingly, the Defendant laid down the sloping belt of the victim who was suffering from the victim by taking advantage of the victim's condition that the victim was unable to resist by taking advantage of the victim's physical condition, divided the victim's chest into his body, cut down the victim's chest, cut off the victim's chest, forced the victim into his body, forced the victim to resist his panty, and inserted the victim's panty into the part of the victim's sound.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each statement of the witness E and F in the second public trial records;

1. An investigation report (limited to the attachment of a reference witness F G M M mail paper);

1. Investigation report (limited to attachment of suspect-use cards) ;

1. A investigation report (as to the matters of securing and analyzingCCTV images), CCTV images recorded in the telecom;

1. Investigation report (related to the result of execution of a warrant of search and inspection);

1. Report on investigation (related to fingerprint verification);

1. Investigation report (with respect to results of genetic appraisal);

1. Report of investigation (specific suspect);

1. A criminal investigation report (related to indoor lighting);

1. Application of the Acts and subordinate statutes governing CCTV recording images in the telecom;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.

arrow