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(영문) 인천지방법원 부천지원 2019.04.26 2019고합41
유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant was accommodated in the “D” station operated by the victim B (n, 51 years of age) and around 8 months from July 2018, and there was a space between the victim B (n, 51 years of age) and the victim B (n, 8 months of age).

1. A similar rape around 02:00 on March 4, 2019, the Defendant forced the victim to drink alcohol on the ground that the victim dices with other male who had been a guest, on the ground that the victim dices alcohol, and then forced the victim to drink, the victim was knife the head of the victim who was a sitr and knife the body of the victim, pushed the victim knife the knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knif with knif with knif with kn

(The facts charged in this part of the charges charged by a public prosecutor are that “the defendant has placed his fingers in the sound part of the victim.” The defendant and his defense counsel asserted that only once the victim’s fingers were put in the sound part of the case, and that the defendant did not have been put in several times. The defendant’s statement by the police of the victim B alone is insufficient to acknowledge “the fact that the defendant has placed his fingers in the sound part of the victim,” and there is no other evidence to prove this part of the charges. Therefore, since this part of the facts charged constitutes a case where there is no proof of a crime, the defendant should be acquitted pursuant to Article 325(1) of the Criminal Procedure Act, but if the defendant is found guilty of any similar rape as stated in the judgment within the scope of the same facts charged, it shall not be tried separately in the text). Accordingly, the defendant raped the victim.

2. On March 5, 2019, the Defendant causing property damage: (a) around 03:00 on March 5, 2019, the victim was faced with no contact by the Defendant; and (b) the victim was in front of the franchiseer car owned by the Defendant, who was in front of the victim’s vehicle located in the parking lot.

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