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(영문) 창원지방법원 2018.01.18 2017고합207
강간등
Text

In 2 years and 6 months of imprisonment with prison labor for the crime No. 1 of the judgment of the defendant, the crime No. 1 of the judgment was committed.

Reasons

Punishment of the crime

[criminal record] On November 25, 2005, the defendant was sentenced to 10 months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) in the Daejeon District Court's Support for the Daejeon District Court, and on December 3, 2005, the judgment became final and conclusive on October 18, 2008 after being sentenced to 1 year of suspended execution and 2 years of imprisonment with prison labor for a crime of violation of the Narcotics Control Act (mariana) at the Changwon District Court on October 108, 2008. The judgment became final and conclusive on July 6, 2017, which was sentenced to 1 year and 6 months of suspended execution and 3 years of suspended execution.

[Criminal facts] 1. 2017 Gohap 207

A. On November 11, 2004, the Defendant, while driving a numberless vehicle on the street in the front of the “Del” located in Kimhae-si, Kim Jong-si, on November 11, 2004, the Defendant discovered that the victim E (the 35-year-old age) is walking along a telephone call while drunk, and finds the victim under the pretext that he will be able to rape the victim with the mind of having the victim walk about the path while driving the numberless vehicle on the street before the “Del” located in Kimhae-si, Kim.

“.............” and the above vehicle was driven.

On the same day, the defendant parked the above vehicle in a nearby French farm near Kimhae-si, 02:00 on the same day, and the victim "one defect within his mind," and the victim does not refuse to do so.

"A defect, as a result of drinking, has the victim's left part 5 times strong, taken the victim's neck by hand with his hand, and prevented the victim from resisting against him by taking the two arms of the victim, making the victim's head into his head, preventing him from resisting against him, and then inserting his sexual flag into the part of the victim's drinking part by hand, inserting the victim's scam and panty, and then parked the said vehicle into the part of the victim's drinking with approximately 5 minutes away from the above farming road, again parked the said vehicle into the part of the victim's scam and panty, putting his sexual flag into the part of the victim's drinking part, and continuously drive the said vehicle with about 5 minutes and continuously drive the said vehicle into the part of the victim's drinking part.

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