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(영문) 수원지방법원 성남지원 2017.08.24 2017고합10

강간

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant of the instant facts charged was close to the victim, such as the parent-child of the victim D (here, 190s) from January 2013 to August 2014, the victim was called a tri-do relationship from the victim who was in a internal relationship from around January 2013 to around August 2014.

From January 2014 to August 2015, the Defendant lent KRW 12,00,00,000 to the victim who is not aware of the victim’s mother each month. However, during the process, the Defendant visited the victim by sending telephone and E message several times to urge the victim to repay his/her obligation without contact with the victim, etc., and by making the victim aware of the fact that the victim was liable to pay his/her obligation, the Defendant continued to have sexual intercourse with the victim on December 27, 2014, and continued to have sexual intercourse with the victim on several occasions, and the Defendant was going to go through a business trip between August 2015 and February 2016, and the Defendant requested the victim to keep the victim’s photograph and photograph from the victim who was aware of his/her body and his/her body and requested him/her to contact with the victim without contact with his/her family member.

Intimidation, from time to time, the victim's location was pursued using the mobile phone GPS function of the victim.

On March 12, 2016, the Defendant: (a) prevented the victim from resisting by intimidationing the victim’s body pictures and self-defensive images to the victim’s family; (b) sexual intercourse with the victim on one occasion; and (c) raped the victim on one-time basis.

2. Determination

A. The summary of the argument is the fact that the defendant has sexual intercourse with the victim at the date, time, and place indicated in the facts charged, but only naturally sexual intercourse with the victim under the agreement, and the victim suffers from the victim’s body photograph and video-oriented act.