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(영문) 울산지방법원 2013.11.15 2013고합204

유사강간등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 40 years of age) are between the parties with internal relations for about six years.

1. The Defendant violated the Punishment of Violence, etc. Act (collective intimidation) around 00:30 on July 13, 2013, the Defendant, at the Defendant’s residence located in Ulsan-gu, Ulsan-gu, Seoul-gu, 103, deemed that the victim, who works in the restaurant, had a wind with the restaurant customer, thereby making the victim “I have come to the school at the present time, so I have come to go to the school at the present time. I have come to go to the school at the late night. I have not followed the two, but because the victim did not answer any question, while the victim did not go to do so, I have saw it as a knife with a deadly weapon (17-18cm in length, 8-9cm in length, and 8-9cm in length when we come to contact), and made it a knife with the victim as a hand.”

2. A similar rape: (a) the Defendant, as described in the foregoing paragraph 1, abused alcohol at a nearby convenience store on July 13, 2013 after threatening the victim; and (b) carried the victim’s body in the place described in the foregoing paragraph 1 at around 03:30 on July 13, 2013; and (c) carried the victim who want to sleep, “I think that I will locked the width, I am frighten in school, I am back, I am back, I am back, I am back, I am back)”; and (d) forced the victim’s lower and panty to go off and forced the victim’s sexual intercourse, thereby putting his finger into the victim’s sexual intercourse, thereby inserting part of the Defendant’s body into the part of the victim’s sexual intercourse.

3. After committing similar rape as described in the above paragraph 2, the injured Defendant inflicted injury on the victim, on the date and time, and at the place specified in the above paragraph 2, on the victim’s face, taken the victim’s face by taking the victim’s salves, and taking the victim’s salves, etc., which requires medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;