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(영문) 인천지방법원 2018.03.30 2018고합75
유사강간상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On January 1, 2018, at around 03:10, the Defendant entered the Fda of the Victim E (W, 55 years old) operated in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and ordered the coffee, and then sited on the victim and the table, and then fac the coffee together with the victim “I fac. f. f.,”

The phrase "one defect...." and the sexual relationship was required.

When the injured party refused the above sexual relation request, the defendant put the victim into the troke, brought the victim's panty toward the troke, brought the victim's panty to the panty, and tried to get out of the victim's panty, but the victim was misunderstanding and resisted on the bridge.

The defendant was unable to drive the body of the victim with the wall, and the victim's right right bucks can be taken by drinking to suppress the victim's resistance, and he was off from the victim's panty, and put the victim's fingers into the negative part.

Accordingly, the defendant included a part of the body of the defendant in the period of the victim's sexual intercourse, and committed similar rape, and the victim left the right side for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A photograph of the injured party, or a written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the photograph of each CCTV course, the suspect's photograph taken in and around the scene of CCTV recording, the photograph of CCTV video recording, and the investigation report (specific suspect);

1. Relevant Article of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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