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(영문) 수원지방법원 2017.06.15 2017고합87
강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 28, 2016, the Defendant, at around 08:30 on October 28, 2016, had sexual intercourses with D hotel 705 in Ssung C, and with the agreement with the victim E (n, 21 years of age, 21 years of age) of the former female-friendly job offers, the Defendant was willing to rape the defective victim with the intent of refusing the request to rapidly change the victim’s sexual organ with the Defendant’s sexual organ.

The defendant is lying the victim on a bed, lying the victim into the bed, and putting the victim on the bed, by taking the hand of the victim who intends to leave the bed in the bed.

In the state of salle, “Se the same year, window, sal.,” inserting the Defendant’s sexual organ into the victim’s sexual organ, putting the victim on a backline, inserting the victim’s sexual organ into the victim’s sexual organ, and then inserting the victim’s sexual organ into the victim’s sexual organ, and making the victim’s tack 10 tacks.

In other words, the Defendant was unable to drive the two arms of the victim at a canter, followed by the victim's kis, kis and broken the victim's chest by entering the canter, and the victim resisted and resisted the sound, and the victim's boomed with both hands.

In other words, the defendant is unable to sustain the victim's hand from behind, and the victim is shouldered with the defendant's hand and "I will die."

On the contrary, “Sast, kid...” Then, the victim frightened by “sast, kid.........................”

Accordingly, the Defendant raped the victim by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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