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(영문) 의정부지방법원 2013.10.25 2012고합76
강간치상
Text

The prosecution of this case is dismissed.

Reasons

Public prosecution (in the case of rape)

1. On June 7, 2007, the summary of the facts charged is that the Defendant is a clerical error in writing, who was sentenced to one year and six months of imprisonment for fraud, etc. at the District Court of Jung-gu on May 12, 2008, and on May 18, 2008, "the end of the execution of the sentence stated in the indictment."

The execution of the sentence was completed.

At around 12:30 on May 9, 2009, the Defendant visited the Defendant’s residence, in order to raise the issue of the husband’s compensation for the death of the victim D (the age of 43), caused the victim to lose the mind of drinking drugs, and decided to commit rape, and provided the victim with the lelele, with the lelele, with the lelele, with the lele, with the leleb that puts the flus containing the flussss inculous drugs, brought the victim to lose the mind of the victim, and had the lebryd, sexual intercourse at the floor of the above dwelling around May 9, 2009, with the victim committed once sexual intercourse.

2. The determination of the crime of rape is a crime falling under Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) and can be prosecuted only when the victim files a complaint under Article 306 of the former Criminal Act. According to the records, the victim's revocation of the complaint against the defendant on September 21, 2009, which is prior to the prosecution of this case. The prosecution is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.

The part not guilty (the fact of injury)

1. The summary of the facts charged is that the Defendant visited the Defendant at the residence of the Defendant on May 9, 2009, 12:30, Goyang-gu, Goyang-gu, Goyang-gu, Dayang-gu, 202, in order to raise the issue of the husband’s compensation lawsuit that the victim D (n, 43 years of age) died, caused the Defendant to lose the victim’s mind of eating drugs, and sexual intercourse with the Defendant, and decided to commit rape, and the Defendant provided the victim with the lelele and the lelele for drinking drugs containing the mar, and the lelelele for drinking the victim lost his mind, and sexual intercourse with the victim on one occasion at around May 9, 2009, and thus, the victim needs to receive approximately two weeks’ medical treatment.

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