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(영문) 인천지방법원 2021.03.18 2020고합136

강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant, around February 2, 2019, was raped on February 2, 2019, around 03:26, the victim D (hereinafter “victim”) was committed to engage in sexual traffic by reporting sexual traffic logs in the Nam-gu Incheon Metropolitan City Bel C.

While the Defendant attempted to cut the sea of the contact with the victim while trying to commit a sexual relationship with the victim, the Defendant stated that “the victim will not engage in a sexual relationship if he or she does so,” and that he or she is unable to do so by carrying his clothes, etc. in the room, and puts the victim’s head, who was over the floor, and was able to do so.

Here, the term “pherbling” means “pherbing the victim, being towed, beer cans against the victim,” and “pherbing” after having the string of the cans.

h. From now to now, the victim’s resistance was threatened by the victim’s expression “honing of face by this gro-hon,” if the victim’s voice is greater than the voice.

The Defendant continuously stated that “I think that today is a male-friendly tool, I think that I will do so to the male-child room,” and made a sexual intercourse with the victim by inserting the victim’s chest, promptly inserting the victim’s chest into the sound room, inserting the victim’s finger, inserting his sexual organ into the victim’s entrance, inserting the victim’s sexual organ into the sound room, and inserting the victim’s sexual organ into the part of the victim’s sexual organ.

2. The Defendant damaged property at the same time and place as set forth in paragraph 1, where the said victim refused to engage in a sexual intercourse with the Defendant, and the said victim’s clothes and carried phone (type: LG MV30K) owned by the victim of the defect intending to out of the guest room by cutting off his/her cell phone (type: type: LG MV30K) from the guest room, and thereby damaging the victim’s carrying phone to have approximately KRW 396,50,00 of the cost of repairing the phone owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report (the confirmation of CCTV, etc., a written response to a request for appraisal, and submission of written estimates for repair) on D (tentative name) written statements made by the police concerning D (tentative name) recorded in D (tentative name) in the second public trial records;

1. On-site and on-site;