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(영문) 서울동부지방법원 2019.01.10 2018고합165
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

B. On May 9, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on May 9, 2018, and the judgment became final and conclusive on May 29, 2018.

[2018 Gohap165] The defendant was in a relationship with the victim B (the victim, 29 years of age, hereinafter "victim or B"), and was in a relationship with the victim B (the victim, hereinafter "victim") on December 8, 2017 ****, ** the victim who was in a relationship with the defendant in the residence of the victim ** the victim was pregnant with the child of the defendant and was in a way to undergo a serious surgery and discuss the problem of hospital expenses, while the victim was in a relationship with the victim *, the victim stated that he was in a relationship with the victim 29 years of age or 22:30 on December 8, 2017, he was in a simple clerical error.

After putting in B, the fingers were inserted into the sound part of the victim, and the victim was raped in a state of her failure to resist due to locked.

[2018 Highly 293] On December 11, 2017, the Defendant threatened the victim, such as “The victim refuses the Defendant’s proposal and shows the victim’s self-defense image that he was in custody of the cell phone,” and “the victim leaks out to the extent that he was aware of the video that he was in custody of the cell phone.”

Summary of Evidence

[2018Gohap165]

1. The defendant's partial statement (the date and time stated in the facts constituting an offense of 2018 high-scale165 at the time and place to the effect that he/she was together with the victim

1. Each legal statement made by a witness B and D (excluding the parts in which the previous statements made by a witness D, in the legal statement made by a witness D, are stated per se);

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. The prosecutor's office and the police's statement concerning B;

1. The message sent and received by the victim and the suspect, attached to the victim’s written opinion; and

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