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(영문) 광주지방법원 목포지원 2014.10.16 2014고합79

유사강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Around 02:30 on September 14, 2013, the Defendant: (a) moved the victim C (one name, two years old, and 38 years old) to his DNA passenger car, and requested the victim to engage in a sexual intercourse at the bottom of the rear high-priced bridge of the bus terminal.

However, a vehicle that was passed since the victim rejected and moved from the vehicle to the road that was passed by the vehicle was not opened to the vehicle. The defendant, using the above vehicle, sent the victim to the back of the above vehicle and moved the victim to the bottom of the high-priced bridge again.

In addition, the defendant moved to the back seat of the above passenger vehicle on which the victim was aboard, and the breast of the victim was deprived of the victim's standing on the back seat even though the victim refused to do so, she was placed on the back seat of the victim, and was exempted from the victim's standing, and divided the victim's two grandchildren into kne and knee with the victim's legs, and forced the victim's resistance, then she included two grandchildren in the victim's sexual flag, and again put one finger into the victim's resistance.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Part of the suspect examination protocol of the defendant at the second time;

1. The Defendant’s written statement against C by the police stating that there was no similar rape only when he had the victim’s sexual organ without assault or intimidation. However, there is a part of the victim’s statement about the circumstances in which the Defendant committed similar rape after the victim was born at the back seat, which is difficult to understand that there was a part of the victim’s statement about the situation before the victim was on board the Defendant’s vehicle and before the victim first boarded the Defendant’s vehicle and attempted similar rape. Since the occurrence of the case, the victim was the Defendant.