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(영문) 대전지방법원 2020.10.23 2020고합307

유사강간등

Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant violated the Immigration Control Act is a foreigner of Thailand nationality.

A foreigner may sojourn in the Republic of Korea within the scope of his/her sojourn status and the period of sojourn, and a foreigner shall obtain the status of sojourn eligible for employment activities.

Nevertheless, the defendant has been staying in the Republic of Korea from August 15, 2018 to July 23, 2020 without the status of stay for 90 days since the expiration of the period of stay for 90 days, and has not obtained the status of stay for job-seeking activities from June 30, 202 without obtaining the status of stay for job-seeking activities.

7. From May 17, 2018 to July 23, 2020, he/she was employed as an employee at a marina business in Jung-gu Seoul, Jung-gu, Seoul, as well as from May 17, 2018 to July 23, 2020.

2. 유사강간 피고인은 2019. 12. 2. 07:30경 대전 동구 D에 있는 ‘E’ 마사지업소에서 손님으로 방문한 피해자 F(여, 22세)을 상대로 아로마 마사지를 하던 중 마사지가 끝나갈 무렵 갑자기 피해자의 입에 입맞춤하고, 피해자의 팬티 속으로 손을 넣어 손가락을 피해자의 음부에 집어넣고, 입으로 피해자의 양쪽 가슴을 빨고 혀로 피해자의 배 부위를 핥았다.

Although the Defendant continued to put a hand in the victim's panty, the Defendant refused to mean "no," refused to stop it, caused the victim's body to sit above it, and followed the victim's shoulder to the victim's entrance.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, H, and I filed a report on internal investigation (to visit a marina business establishment and to verify CCTV), investigation report (to attach a suspect photograph), investigation report (to the other party to the Daejeon Immigration Office), investigation report (to the entry into and departure from the Daejeon Immigration Office), investigation report (to verify the entry into and departure from the Republic of Korea), and individual investigation report (to listen to the victim F phone statement)

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