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(영문) 청주지방법원 충주지원 2018.11.22 2018고합49
강간
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year.

Reasons

Punishment of the crime

1. On July 26, 2018, the Defendant: (a) around 21:00, around 21:00, 12 foreign workers of Thailand’s nationality, including the Defendant and B, were drinking alcohol together with the victim E (the family name, the 23 years old) of Thai-gun’s nationality, and company car fees, and the Defendant demanded the victim to engage in sexual intercourse by following the victim, following the victim into the room for diving on his own.

이에 피해자가 성관계를 거절하자 피고인은 갑자기 피해자의 입술에 입을 맞추고, 피해자의 목을 핥고, 피해자의 배 위에 올라 타 피해자의 바지와 속옷을 강제로 벗기고, 피해자가 몸부림치자 피해자의 양손을 잡아 움직이지 못하게 한 후 피고인의 무릎으로 피해자의 다리를 벌려 성기를 삽입하여 간음하였다.

After about 20 minutes, the Defendant had been raped by reporting the victim who had been rape in question, had the victim's will and clothes forcedly off, had the victim's fingers and her body left off, prevented the victim's fingers, and had sexual intercourse by inserting the victim's sexual organ into the sexual organ of the victim.

Accordingly, the Defendant raped the victim twice.

2. Defendant B entered a room at around 02:50 on July 26, 2018 at the same place as that of the foregoing paragraph (1) and met the victim who was raped by A, as described in the foregoing paragraph (1).

After about five minutes, the defendant got out of the room and left the room with the victim, the defendant was under the influence of the victim himself/herself, and became only several times with the defendant's hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to E and F;

1. 112 Reporting case handling table;

1. On-site photographs and evidence photographs;

1. A patient opinion;

1. A written request for appraisal and a written reply (a reply, etc. to a request for a state and a acceptance appraisal);

1. Each investigation report (on-site conditions, developments leading to arrest, and details of the investigation);

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