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(영문) 부산지방법원 서부지원 2019.05.16 2018고합289
강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On January 21, 2018, the Defendant: (a) promised to engage in sexual traffic through an open hosting room around the victim B (n, 19 years of age) and the new wall around January 21, 2018; (b) promised to set the price for sexual traffic after sexual traffic; and (c) had sexual intercourse with the victim at the heading room of Busan Jin-gu Busan, Busan, Busan, Busan, on the same day.

After that, the Defendant, at the same time, provided the victim with the “the name, school, and department of the width is known.” The Defendant, who was frighted to sexual traffic, had the victim fright to ask for the payment of sexual traffic, the amount of which cannot be known.”

Accordingly, the defendant acquired property benefits by threatening the victim.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, took photographs of the victim against the victim’s will using his/her cell phone camera or screen pictures at the time and place specified in paragraph (1).

3. The Defendant was aware of the victim’s name, school, department, etc., and thus, threatened the victim to have sexual intercourse with another victim by taking advantage of the fact that the victim’s notification of sexual traffic as stated in paragraph (1) was unable to refuse the victim’s demand.

The Defendant, as described in paragraph (1), threatened the victim at the same place immediately after having sexual intercourse with the victim, stating, “I know that he would be able to do so, and who would be more likely to suffer from sexual traffic,” thereby suppressing the victim’s resistance.

In that place, the Defendant had raped his sexual organ by inserting it into the victim’s negative part.

B. At around 01:00 on February 2018, the Defendant threatened the victim of the E-motor vehicle that was parked on the roads adjacent to the Kimhae-si, Kim Jong-si, with “the head of the Gu, she is off, cut off, as soon as possible,” thereby suppressing the victim’s resistance.

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