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(영문) 서울동부지방법원 2019.05.09 2018고합352
강간상해등
Text

A defendant shall be punished by imprisonment for three years.

The seized opon (No. 1) shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

To the extent that the defendant does not actually infringe the defendant's right of defense, the phrases of the facts charged were appropriately revised.

On November 27, 2018, the Defendant, at around 27, 2018, drinked with the Victim C (Gain, 26 years of age) who is the seat of B and B, and the victim's residence in Songpa-gu Seoul Metropolitan Government D, and, after drinking alcohol, the Defendant and B have a conflict with each other with the victim that they throw away from their house to their house, was able to rape the victim on such opportunity.

1. The Defendant, from around 07:26 to around 09:40 on the same day, was off from the victim’s residence, was frighted on the part of the victim by leaving the victim in his/her hands, was deprived of the victim’s name, and was refused by the victim “I do not want to collapse, I do not want to do so.” As the victim refuses to do so, it refers to “I do am only if I do am..................., the Defendant was unable to resist by drinking, such as “I am..............................................., the Defendant she was off the rest of the victim’s clothes, inserted the Defendant’s sexual organ into the part of the victim, thereby having sexual intercourse once with the victim, making it difficult for the victim to take off the victim’s head and face, etc.

2. The Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) at the above date, at the above place, taken a photograph of the Defendant’s fingerion by using the Defendant’s 6S mobile phone functions as a camera of the Defendant’s cell phone, in which the Defendant gets the victim’s head debt by hand and forced the victim to enter the victim’s sexual organ by force, and in which the Defendant’s fingers were put into the part of the victim’s sexual organ

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Trial records of the second time;

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