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(영문) 부산지방법원 2019.01.18 2018고합508

강간상해등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on July 12, 2018, the Defendant: (a) performed alcohol at the “C” drinking house located in Busan Jin-gu, Busan; (b) went first to the victim D (the victim, 23 years of age); (c) went to the victim after moving the drinking house; (d) however, the victim did not have a sexual intercourse with the victim; (c) the victim did not have a sexual intercourse with the victim; and (d) the victim did so to go to the Busan Embur F, Busan.

At around 02:48 on the same day, the Defendant promised to enter the telecom to account transfer the telecom and entered into the toilet as above F, and entered the toilet. In this case, the victim, who received the telecom call from the above telecomer, paid the telecom instead of the Defendant to return the telecom, and then the Defendant was able to do so.

피고인은 이에 화가 나 피해자에게 “니 밑에 cctv 있는거 봤제, 거기서는 분명히 따라 온 것으로 찍혀있다. 계좌이체도 니가 했제, 씨발년아 그런데도 내보고 꺼지라고 니는 좆됐다, 이제 신고도 못한다.”고 욕설을 하며 손으로 피해자의 머리 부위를 수회 때리고, 머리채를 잡은 뒤 “나는 물 빼러 왔고 넌 생리도 하고 있으니 입으로 해라, 더 맞을래.”라고 협박을 하고, 손으로 피해자의 머리를 수회 때려 피해자의 반항을 억압한 후 피해자로 하여금 피고인의 성기를 수회 빨게 하였다.

The Defendant continued to place the victim on the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against, and then trying to have a sexual intercourse with the victim at the bed against the bed against the bed against the bed against the victim by putting the victim's head bonds by hand with the resistance of the bed against the bed against the bed against the bed against the victim, "if the victim does not want to be able to be able to do so, it shall be off the victim's panty, and sexual intercourse by inserting the victim's sexual organ into the bed against the victim's sound part."