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(영문) 창원지방법원 마산지원 2018.03.30 2017고합113
강간치상
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2017, the Defendant: (a) attends a public-private teaching institute, which is a public-private teaching institute for certified brokers located in Mapo-si, Changwon-si; (b) and (c) as between the victim D (n) who is the student of the same private teaching institute, and known to him/her; and (d) on September 10, 2017, the Defendant would drink alcohol to the victim who would frighten around 01:00.

Then, the injured party went to F 1106 in Masan-si E, Changwon-si, the defendant's residence.

At around 03:00 on September 10, 2017, the Defendant: (a) had a mind to rape the victim while drinking and talking with the victim in the above Defendant’s residence; (b) had both grandchildren of the victim; (c) had the victim go beyond the floor; and (d) had the victim knick part of the victim’s knebbbbbbs on the floor; (c) had the victim’s knee, knee on the part of the victim on the floor, so that the victim could not move; (d) prevented the victim from leaving the seat; and (e) had the victim knebbbs with sound, knick, and sneed with sound.

In the phrase of "it may be cut off any more," the body of the victim was subdivided by the defendant's arms into the body of the victim, and the victim's resistance was prevented.

After that, the injured person tried to rape the victim, such as setting off the victim's head, setting off the victim's clothes on the floor, cutting off the victim's clothes, kid the victim's chest, cutting down the victim's chest, cutting down the victim's chest by hand, cutting down the victim's chest, cutting down the victim's chest by hand, cutting down the victim's chest on the part of the victim's drinking part, and cutting down the Defendant's sexual flag on the part of the victim's drinking part. However, the victim wanted to go on the toilet.

In other words, the rest of the defendant's surveillance is neglected between toilets and the other victim's house did not bring the escape to the wind.

As a result, the Defendant committed assault and intimidation against the victim to commit rape after suppressing the victim's resistance, and thereby, the Defendant took care of the victim about about 20 days of treatment.

Summary of Evidence

1. The defendant's oral statement;

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