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(영문) 수원지방법원 안양지원 2018.07.06 2018고합77
강간치상등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) on May 11, 2018, the Defendant: (a) opened the victim E (a person, a person, 45 years old) in a public toilet on the first floor of the DD building during the Ansan-si period on May 21, 2018; and (b) entered the toilet, and went into the toilet with the victim’s mind to rape.

Accordingly, the Defendant intruded on toilets, which are public use places, to satisfy his sexual desire.

2. In order to clarify that the crime of confinement on board or causing rape and the crime of causing rape are in an ordinary concurrent relationship, the charges were modified and recognized.

The Defendant, at the time and place of paragraph 1, tried to rape victims who want to report on the side and get out of the toilet, and forced them to leave the victim in the toilet, and prevented them from leaving the toilet.

Since then, notwithstanding the victim's counter-paragraph, the defendant takes her arms by force against the victim so that he/she may not move the victim, put the victim in a female toilet, put him/her into the victim's clothes in the victim's room, her hand in the victim's chest, and her chests the victim's chest as the victim continued to resist, and cut down his/her clothes suffered by the victim only once.

However, even though she tried to rape the victim, she did not have the intention to escape from the wind of the victim, she did not have the intention to escape.

In this process, the defendant tried to rape the victim, suffered bodily injury such as a chrosium, injury to the victim for about 2 weeks of treatment, and detained the victim in the toilet for about 15 minutes.

Summary of Evidence

1. The defendant's statement in court;

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