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(영문) 서울중앙지방법원 2018.12.21 2018고합567

강간등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim B (V, 53 years old) came to know through the introduction of the terator, and have been in an internal relationship from January 2016, the dispute has occurred due to the demand of the defendant for sexual intercourse since the police officer in 2016.

1. Around August 5, 2017, at around 21:00, the Defendant: (a) refused the victim’s sexual intercourse; (b) obstructed the victim’s resistance by drinking his/her head and part of his/her luminous part; and (c) forced the victim’s resistance by cutting off his/her clothes; and (d) cut the victim’s conspiracy with his/her face by inserting his/her sexual organ into the part of the victim, and then raped the victim once by inserting the Defendant’s sexual organ into the part of the victim.

2. Around September 22, 2017, the Defendant attempted rape: (a) followed alcohol at a restaurant near the Defendant’s residence located in Jung-gu Seoul Metropolitan Government; (b) and (c) went the victim to the head of the above-style rooftop where the Defendant was the Defendant’s residence.

The Defendant stated “21:00 on the same day” in the indictment between around 20:00 and around 21:00 on the same day. However, according to the evidence duly adopted and investigated by this court, the same facts as the above facts constituting an offense are acknowledged. As such, even if this part was corrected without the amendment procedure in the indictment, it does not seem to have any substantial disadvantage in exercising the Defendant’s right to defense. Accordingly, the Defendant corrected it ex officio.

When the victim was knee in the room of the above-mentioned rooftop, knee in the knee of the victim, and the victim was asked for a sexual intercourse, the victim was forced to leave the victim so that the victim does not resist, and placed the victim's clothes, and tried to commit rape by inserting the victim's clothes into the part of the victim's sound, but the victim strongly resisted the police by stating that the victim's knee in the knee and the knee in the knee and the knee in the knee and the knee in the knee., and the victim was forced to resist.