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(영문) 인천지방법원 2019.03.29 2018고합882

유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 24) are between the defendant and the victim (the age of 24) that were first known through smartphone-making app around July 30, 2018.

The victim did not have a well-locked place, and the defendant tried to steals money by approaching the defendant, and the defendant stated that "the defendant will be provided with a locked on the condition of sexual intercourse" to the victim. The defendant and the victim first met in the vicinity of the beneficiary station in Jongno-gu Seoul, Seoul around July 30, 2018. < Amended by Presidential Decree No. 2421, Jul. 30, 2018>

The Defendant: (a) putting the victim into his own car and her own car, administered the victim’s clothes No. D; (b) laid off the victim’s teitts and bromans, who refused to be exempted from his clothes, by hand, and forced the victim to be off from her mouth, and demanded the victim to rapidly change her gender.

The defendant could not resist the victim's her kick with her hand twice, and the victim's head was knicked toward the defendant by her hand, followed by her hand, and then put the sexual flag into the victim's entrance as soon as possible.

Since then, the defendant left tobacco in the passenger car in the hotel parking lot, and the victim escaped out of the guest room, and the victim was discovered to the defendant, and the defendant was able to get the victim's hand, leading the victim to the guest room again.

The defendant exceeded clothes, kneked on the floor, and forced the victim to prompt knee his own sexual flag, and continued to place the victim into the toilet again, knek kneel kneel keleling, and re-in the entrance of the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim B;

1. Records of statements made by victims (victim B);

1. Reports on internal investigation (related to the relative confirmation of workers C on the day of the incident);

1.States and waters.