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(영문) 광주지방법원 순천지원 2013.06.13 2013고합28

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Criminal facts

1. On October 2, 201, Defendant B: (a) around 22:30 on October 2, 201, the Defendant: (b) had the F, a female customer, drink with A, etc., engage in an entertainment entertainment drinking club; (c) had the F, a female customer, drink with A, etc., and talk with him; and (d) had F, a female customer, engage in sexual intercourse with A on condition that he would receive KRW 230,00 from A on the same day, around 23:0 on the same day.

2. On October 2, 201, Defendant A, at the above Esing room around 22:30 on October 2, 201, followed by the victim F (at the age of 35) to drink and singing together with the victim F (at the age of 35), and entered the said Hel to engage in sexual traffic at around 23:00 on the same day.

However, the victim, like the above, played a role as a partner of the defendant's friendship I while doing the act of drinking and singing together with the defendant, and went through sexual traffic by changing I and partnership to the defendant's demand, and the defendant is able to be a person who has been abnormal, and the victim was able to be a person who has been abnormal, and was able to engage in sexual traffic with the defendant.

The Defendant knew that the victim was out of sexual traffic with himself, and prevented the entrance of the entrance, and then took the victim’s desire to take the victim, leading the victim’s head, leading the victim’s head, and met with the victim’s hand.

Therefore, the victim tried to request the victim to rescue from a mobile phone, and the defendant tried to leave the victim's head by taking advantage of beer's disease, which is a dangerous object, of the victim's head. The victim threatened the victim with "if he/she does not refuse to kill, he/she shall turn off his/her phone." The victim continued to attract the victim's head debt, and forced the victim to go off his/her clothes, and then raped the victim once.

Summary of Evidence

[Defendant A] Some of the Defendant’s testimonys F, and photographs of the upper part of the Defendant’s testimonys in the court room F and B.