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(영문) 대전지방법원 2017.02.03 2016고합467

강간치상등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who has a relationship with the victim C (V, 49 years of age) for a period of about two years.

The Defendant unilaterally declared that the victim did not have any objection, and did not have any objection against the victim.

1. Confinement and similar rape on July 17, 2016;

A. On July 17, 2016, the Defendant detained the Defendant, on the grounds that, after discovering the victim who returned home, he forced the victim to the chief officer of the Defendant’s E-learning Motor Vehicle operation by leading the victim’s hand, and forced approximately 3 km away from the vehicle of approximately 10 minutes, the Defendant detained the Defendant by taking the victim’s hand, leading the victim to the head of the Defendant’s E-learning Motor Vehicle operation, and allowing the victim not to get off the vehicle of approximately 10 minutes.

B. In around 01:40 on July 17, 2016, the Defendant talked to the effect that “a person who continues to meet” the said car to the effect that “a person does not do so” was set and the victim respondeded to the purport that “a person does not do so” to the effect that the victim does not do so. In his hand, the Defendant forced the victim’s panty by walking the panty of the victim, and then forced the victim to walk the panty of the victim, and then put the finger of the victim into the negative part of the victim, and then put the finger of the victim’s panty into the negative part of the victim, humping the victim’s body and huming the victim by force.

In this respect, the Defendant raped the victimized person.

2. Illegal confinement or compulsory indecent act on August 1, 2016;

A. On August 1, 2016, the Defendant detained the Defendant, at the Daejeon-gu Daejeon apartment parking lot, on August 1, 2016,: (a) discovered the victim who returned home; (b) forced him to the head of the Defendant’s E-learning passenger car operation by towing the victim’s arms; and (c) detained the Defendant by forcing him to leave the train for about five minutes, leading him to the head of the Defendant’s E-learning passenger car operation, leading him/her to his/her arms; and (d) making him/her leave the train for about five minutes.

B. On August 1, 2016, the Defendant’s forced indecent act stated to the effect that “it cannot be hedging” the victim after setting the said car after setting it at “H” at around 21:20 on August 1, 2016, but the victim refuses to do so. As the victim refuses to do so, it is the victim’s back to the hand floor.