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(영문) 인천지방법원 2014.07.18 2013고합803
강간등
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for four years.

Reasons

Punishment of the crime

"2013 Gohap803"

1. On July 1, 2013, at around 04:00, the Defendant: (a) was aware of influences in the mutual sponse house located in the Nam-gu Incheon Metropolitan City, Incheon; (b) and (c) was under drinking by the victim, while drinking alcohol, she was in a female toilet on the first floor of the said building; (c) was frightening the victim; (d) followed the victim, she was able to rape the victim; (d) she was frighted on the part of the victim; (e) she was frightened on the part of the victim; (e) she was frightened on the part of the victim; (e) she was frightened; (e) she was frightened by the victim with sound; (e) she was unable to resist the victim’s forced possession with his/her left hand; and (e) she did not have attempted to rape the victim by inserting his/her sexual organ into the victim, but did not commit rape.

"2013 Highly 880"

2. On August 25, 2013, around 22:10 on August 25, 2013, the Defendant: (a) was a victim G (n, 23 years of age), the Defendant’s community, H, and I, to drink with 305 intellectual disability 1 in Nam-gu Incheon Metropolitan City E.

At around 05:00 the following day, the Defendant, when drinking alcohol together with the victim, she was fluened by the victim, and she went into the guest room 306 of the above her motherel. The Defendant: (a) laid the victim into the bend room; (b) laid off the victim’s sexual organ in the bend room; and (c) laid off the victim’s body with the victim as soon as her sexual organ; (d) when the victim she resisted the body while leaving the her body, the Defendant she sawd the victim “I am soon by making the victim fluor, I am within the fluor; and (e) inserted the victim’s chest and the drinking part into the part of the victim’s sexual organ as soon as possible; and (e) added the victim’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

"2013 Gohap803"

1. The third statement of the defendant in court; and

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