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(영문) 서울서부지방법원 2020.02.20 2019고합246
강간상해등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant and the victim’s relationship are those who have been in a relationship with the victim B (the family name, the female, the age of 36) from March 2016.

2. According to the evidence No. 3 of Macheon-si C hotel No. 17:00 on May 24, 2019, the Defendant, who was injured, detained, or rape, there is a possibility that there is no “D” as stated in the indictment in C hotel.

It is clear that the defendant and the victim have entered any room in the C hotel.

Since it does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his/her right to defense, it shall be revised ex officio as "unofficial defense room" without modification of indictment procedures.

From this point of view, it is doubtful that the victim is winding, taken the key of the victim's vehicle and cell phone, cut off his clothes, prevented the victim from leaving the room, and then taken the knives of the victim from leaving the room. When the victim's knives are taken off both sides of the victim's knives, when the victim's face and head part of the victim's knives are taken off by drinking, and the victim's eyes are blives of the victim's eye and head part of the victim's knives, and led the victim's knives of the victim's head.

Since then, the defendant moving the victim into a toilet, sent the victim's chest and sound, prevented the victim from leaving the toilet, and prevented the victim from leaving the toilet, and then makes the victim in a toilet during the shower period. After completing showering, the defendant was able to divide the victim's head into a room and a hand, makes the victim prompt, put the victim's sexual organ into a part of the victim's sound at which the resistance is suppressiond, inserted the victim's sexual organ into the part of the victim's sound at which the resistance is suppressiond, and prevented the victim from leaving the room out of the hotel until 23:00 on the same day.

Accordingly, between May 24, 2019 and 23:00 on May 24, 2019, the Defendant inflicted a bodily injury on the victim, such as a three cage cage dypus dypus dypus for about 35 days.

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