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(영문) 부산지방법원 2016.12.09 2016고합630
강간
Text

A defendant shall be punished by imprisonment for a term of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 06:00 on April 16, 2016, the Defendant initially d'E's room located in Busan Jin-gu, Busan: (a) discovered that the victim entered the toilet at which the victim had a good quality; (b) discovered that the head of the victim had a bad mind on his/her face; (c) forced the victim to take the head of the victim's face on his/her hand and put the victim's body on his/her face; (d) continuously led the victim to the victim's head head knife; and (e) led the victim's body to fright his/her body and to rape the victim's resistance; and (e) forced the victim to enter the victim's sexual intercourse; and (e) forced the victim to take the victim's body over his/her face on his/her face; and (e) led the victim to his/her sexual intercourse.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (Attachment of F dialogue between a suspect and a victim);

1. The defendant asserts that he had sexual intercourse under the agreement with the victim. Thus, the defendant's assertion about the following facts, which can be recognized by the evidence duly adopted and investigated by this court, is, that is, the victim stated that the defendant had sexual intercourse by consistently with the investigative agency from the time to the time of this court, the defendant and the victim first met on the day, and the victim did not find any motive or reason to file a false complaint in light of the circumstances that the victim agreed with the defendant without any condition. On the contrary, the defendant's assertion about the circumstance that led to sexual intercourse with the victim, the circumstance that led to sexual intercourse, the detailed description of the process of sexual relationship, etc., cannot be easily believed.

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