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(영문) 서울중앙지방법원 2018.06.01 2018고합206

강간

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant and the victim D (V) came to know that they were the residents of North Korea on May 2017 at the Lao Embassy in the course of escape from North Korea, and that they were again in the E “E” around February 7, 2018.

On February 13, 2018, from around 03:00 to 04:00, the Defendant drinked alcohol with G, which is the seat of the victim and the victim, at the home of the victim of the F apartment building in Gwanak-gu in Seoul Special Metropolitan City, with the victim and G. The victim and G, who was in large room, and the Defendant, at a small room, were themselves in a large room, and the Defendant: (a) was at the small room where the Defendant was a person who suffered damage, who did not do so while playing a game in a small room; (b) was placed on the floor at the bottom of the Defendant’s small room; (c) was placed on the ground of the victim’s own hand; (d) was fit for the victim’s suffering from the alcohol; and (e) requested that the victim met the victim’s sexual organ, but the victim refused it; and (e) was promptly called the victim’s hand and the victim’s sexual organ.

In spite of the demand of the victim by the victim, the victim's refusal to do so, exceeded the victim's lag, and putting the victim's fingers into the negative part of the victim, and "whether or not the victim may do so in many cases."

“The victim may die with her hand at one time, with the victim’s scam, who gets sound, and scam together with the victim’s scam, with the victim’s scam, and inserting the victim’s sexual organ into the part of the victim, after suppressing the victim’s resistance against the victim.

Accordingly, the defendant raped the victim by assault and intimidation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A protocol concerning the police and examination of the suspect against the defendant;

1. A report on internal investigation (to be accompanied by a photograph of a victim taken at the Southern Sea Center), a report on investigation (to verify the body of a victim), and a report on investigation (to be bound with the contents of dialogue between the suspect and the victim);

1. Visits to requests for appraisal and application of Acts and subordinate statutes on gene appraisal;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Order to complete a program;

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