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(영문) 서울북부지방법원 2017.01.13 2016고합515
강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, from September 2015 to February 2016, 2015, is a space between the Defendant and the victim C (the age of 31) living together with the victim and the Defendant.

The Defendant, at around 15:00 on August 25, 2016, the Defendant, while dialogueing with the victim in the Dongdaemun-gu Seoul Metropolitan Government D rooftop room, would leave the victim to the husband located in Busan.

The parts of the victim can not be attached to the body of the victim, and the parts and part of the victim can be forced, and the parts and part of the victim can be cut off to the body of the victim and sent to the victim.

The victim’s head and chests of the victim who committed sound with the victim’s head and chest can drink, and the victim bucks with her hand, and “(sex relationship)” is used as her hand;

The match will be flat.

The victim tried to put the defective cosmetic container "on the match" into the victim's sexual flag by suppressing the victim's sexual flag, and again put the container into the victim's sexual flag.

Therefore, the victim who was slicker of the fear of fear is "a sexual relationship" to the defendant.

A cleaning agent. The defendant was aware of the danger of escape between the shower and the victim, and the defendant was led to the escape of about to escape and the victim, and then tried to cut off the clothes suffered by the victim, "I am off the victim's body. I am off the victim's floor, and put the victim's neck back to the victim's body, and again put the victim's cosmetic into the sexual flag."

Accordingly, the victim is no longer resisted, and the victim is too off at 18:00 on the same day.

I will be a sexual relationship.

The following victims had sexual intercourse once with the victim, who is sub-personed of the second defect, so that the victim could not resist the victim's body on the floor by lying the victim on the floor.

From the same day to 22:00, the Defendant continued to prevent the victim from leaving the above residence.

Accordingly, the defendant raped and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint prepared by C;

1. A victim's photograph or crime victim;

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