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(영문) 서울동부지방법원 2016.01.28 2015고합281
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2015, at around 20:15, the Defendant: (a) moved the victim E (F after 20 years of age, 20, 200) to a drinking room; and (b) took a look at the guest room located in Gangdong-gu Seoul Metropolitan Government on May 14, 2015; and (c) took the drinking at around 01:00, around May 15, 2015, the Defendant was asked to go back to the guest room located in Gangdong-gu Seoul Metropolitan Government and take the drinking at the room; (b) neglected the demand of the victim to go home from the victim; and (c) was placed on the bed on the bed at the bed; and (d) the victim was able to go back from the floor of the toilet with the Defendant’s invasion detention; and (d) the victim was able to walk up the victim’s pan, and (d) the victim was out of the victim’s panty, and the victim was out of the victim’s pan.

“In doing so, the Defendant was tightly sealed and resisting the Defendant, and the Defendant was her body and panty, and the victim was tightly and continuously resisted by both hands, while the victim was tightly and continuously resisted by the Defendant, the victim’s knifeing the victim’s resistance by putting the two descendants of the victim’s hand, and then inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in the telephone recording CD;

1. Statement made by the police for E;

1. Investigation reports (receiving results from genetic analysis conducted by countries), requests for appraisal (No. 21 No. 5 of evidence lists), genetic emotions, and investigation reports ( telephone conversations between countries and appraisal officers);

1. The defendant and his defense counsel's assertion as to each on-site photograph, drug map, investigation report (to submit CCTV images), CCTV storage CD, investigation report (to receive the results of alcohol concentration appraisal between the country and water), response to the request for appraisal (Evidence No. 18), investigation report (Verification of Hael CCTV Image), investigation report (On-site verification), and the defendant and his defense counsel at the time of the crime.

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