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(영문) 서울남부지방법원 2019.01.31 2018고합574

강간등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall complete the sexual assault treatment program for 40 hours and 40 hours.

Reasons

Punishment of the crime

around May 200, the defendant is the legal spouse who reported the marriage with the victim B (n, 44 years old), and is the father of the victim C (n, 18 years old), D (n, 16 years old), E (9 years old).

1. Crimes against the victim B;

A. On April 23, 2018, the Defendant causing property damage, around 23:00, found that the victim’s desire was recorded as a public machine cell phone in the Defendant’s dwelling area located in the Yeongdeungpo-gu Seoul Metropolitan Government F apartment, and had a cell phone of 160,000 won in the market price owned by the victim until the cell floor and the toilet floor were separated.

Accordingly, the defendant damaged the victim's property.

B. Around July 8, 2018, the Defendant for special intimidation 1-A.

At the same place as the statement in the port, the victim called the hullare, the victim's hullar, but the victim refused to use the hullar as soon as possible, and the victim slicked the victim with the slick slick, which is a dangerous object that was next to the slick.

Accordingly, the defendant carried dangerous objects and threatened the victim.

C. The Defendant: (a) on May 201, 201, was raped on May 1, 201 for the first time.

At the same place as the statement in the port, the victim was aware that the victim could not properly move his body, and the victim demanded a sex relationship with the victim.

Although the Defendant expressed his intention to refuse to do so by stating that he "the victim does not want to do so.", the Defendant forced the victim to be off his clothes, forced the victim's body, led the victim's resistance to the victim's body because the victim's body was not frightened, and led the victim's sexual organ inserted the victim's sexual organ into the part of the victim.

Accordingly, the Defendant raped the victim by assault.

On August 31, 2018, the Defendant committed indecent act by compulsion, around 06:0, the first day of the above.

was set aside at the same place as the entry in the subsection.