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(영문) 수원지방법원 성남지원 2017.03.30 2013고합234
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant knew that the victim 00 (at 22 years old) who became aware of through the Chinese harden flusing case "E" is residing in Korea and sought a house from the victim.

On October 9, 2013, at the exit of the G basin located in F, Sungnam City, about 14:30 on October 9, 2013, the victim was released from the house of the defendant located in H and 3 stories of the same Gu on the same day and 14:40 on the same day, and drink the victim, and make the victim drink the victim. On the same day, around 17:00 on the part of the victim, the victim was placed in the bed, and the victim was placed in the bed, and the victim was forced to enter the body of the victim, and the victim was trying to get off the bed from the bed and the bar of the victim was trying to get the victim under the influence of under the influence of under the influence of under the influence of under the influence of under the influence of alcohol, the victim was able to take the face of the victim, and the victim’s head is able to take off the victim’s head, and the victim’s length is 9m in front of the victim’s body.

B. Rape is rape even in the case of a dead body with the death of a human being.

”라고 말하며 겁을 주어 피해 자를 반항하지 못하게 한 후, 양손으로 피해자의 목을 조이고 가죽 혁대( 길이 117cm) 로 피해자의 목을 감아 숨을 쉬지 못하게 하고 피해자의 몸을 수회 때리는 등 폭행하면서 피해자를 강간하려 하였으나 피해자가 애원하면서 반항하여 그 뜻을 이루지 못하고, 위와 같은 폭행으로 인해 피해자에게 약 2 주간의 치료를 요하는 귓바퀴의 표재성 손상, 타박상 등의 상해를 가하였다.

2. Determination

A. As evidence consistent with the above facts charged, the police statement against the victim, the statement of the victim’s preparation, video-recording CD (Evidence No. 18), the I’s legal statement, each injury diagnosis, the victim’s injury photograph and on-site, etc.

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