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(영문) 수원지방법원 2017.11.09 2017고합286
강간치상
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant entered the Republic of Korea with a visa (E-9-1) and is working in the Dispute Resolution Co., Ltd., and the victim D (E-21 years old) is a Thai who is working in the same factory as the Defendant.

On October 28, 2016, the Defendant 22:00 on October 28, 2016, at a accommodation located in Osan-si E, and she takes out as soon as possible in a public washing machine located in the ward at the request of the Defendant, while carrying out a male-gu F and video call.

Then, after putting the arms of the victim who had re-entered into the victim's room, close the visit as a measure of the victim, locked the light, string the light, refusing the light by one hand, string the victim's body with another hand, and laying off the victim's body in a t lease. After putting the victim's body on the part of the victim, the victim's body prevents the victim from leaving a room and making him/her take a part in the course of the victim's vessel by drinking, the victim will be able to add the width and sound to the point of view, which is large.

In any way, the victim's resistance is threatened with the end of the gold-gu, "I Doman Ra, even after the end of the gold-gu," and the victim's resistance is forced, and another son who was under F's contact with the victim, who was off the defendant's lower part of the victim, was not sexual intercourse with the victim's right to visit the victim, and thereby, the victim suffered from the victim's unexplosion of the number of days of treatment days.

Accordingly, although the defendant tried to rape the victim, he tried to do so and sustained injury to the victim.

Summary of Evidence

1. Each legal statement of witness D, F, G, and H;

1. Partial statement of a witness I;

1. Statement made by the police and the prosecutor with regard to D;

1. Each police statement protocol with respect to H, G, F, J, K, and L;

1. Photographs of damage situations, and temporary verification photograph of the damage situations (30 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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