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(영문) 인천지방법원 부천지원 2017.09.15 2017고합137
강간상해등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 23:00 on April 15, 2017, she first met the Victim F (F, 20 years of age) with the E main points located on the Eancheon-si D and 2nd floor, namely, stone only. On April 15, 2017, around 23:30 on April 15, 2017, the Defendant, who was raped, she drinkd in the Hesing room G, and she carried the alcohol at the Hesing room located on the underground level, with the intent of having the victim raped and carried the victim into a telecoming room near the neighborhood.

On April 16, 2017, the Defendant: (a) was off, in the Jinsane room located in Jinsane I and III around 05:0 on April 16, 2017; (b) was sexual intercourse with the victim’s clothes in a state of resistance unable to resist; (c) was rape; and (d) was sexual intercourse with the victim who had his mind at that time, “I ambiened at present.”

“A”, “A” and “A” and “A” in which the Defendant was pushed and resisted by his hand, and the Defendant “A”.

"Abandon the floor of the victim's hand, the victim's head was cleeped, the victim's head was flicked, the victim's head was flicked, and the victim's hand, who escaped from the damaged toilet, prevented the victim from resisting against the victim's hand by taking the victim's hand, and rape by sexual intercourse, and thereby, the victim led the victim to sexual intercourse, which led to the victim to the number of days of treatment.

Accordingly, the Defendant, by rapeing the victim, sustained an injury.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.), taken videos using his/her cell phone with the function of a camera function while rapeing the victim at the time and place described in paragraph (1).

Accordingly, the defendant taken a photograph of another person's body that may cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of parts to be damaged by a victim), victim photographs, and diagnosis reports;

1. Article 301 of the Criminal Act applicable to the crime, Articles 301, 297 of the Criminal Act (the point of rape injury and the choice of imprisonment with prison labor) and the punishment of sexual crimes, etc.

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