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(영문) 서울중앙지방법원 2012.09.21 2012고합774
강간치상등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The information and communications network for five years on the Defendant’s disclosure of information.

Reasons

Punishment of the crime

1. 강간치상 피고인은 2012. 6. 7. 19:00경 서울 중구 C 소재 건물 2층에 있는 피해자 D(여, 42세)이 운영하는 식당에서 피해자를 강간하기로 마음먹고, 피해자에게 휴대전화를 빌려달라고 말하면서 그 곳 화장실 출입구 쪽으로 유인한 후 양팔로 피해자의 몸을 안아 화장실 안으로 끌고 간 다음 도망하지 못하도록 화장실 출입문을 잠그고 손으로 피해자의 양쪽 뺨을 움켜 쥔 채 입술에 입을 맞추었다.

The defendant continued to attract the victim into the upper part of his toilet so that he does not flee next to the next time, and opened the panty by inserting his hand with the fright of the victim so that he does not flee, and she saw her hand off, and she exceeded her panty, and tried to get off the victim's fright by her hand so that she can not resist the victim's shoulder, etc. by her hand, she exceeded her inner part of the victim, she pushed off the fright of the victim so that she can not resist the victim's shoulder, and she added her sexual organ to the part of the victim's sound, and tried to put the victim's bridge into force for sexual intercourse, but she stopped the victim's cell phone outside the upper part of the above upper part, and stopped from committing a crime by breatheing the victim's telephone.

As a result, the defendant tried to rape the victim, but he did so, and the victim was unable to know the number of days of treatment.

2. At around 19:00 on June 7, 2012, the Defendant detained the victim for about five minutes in the toilets of the second floor of the above building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation, such as a damaged part photograph, field photograph, and clothes taken by the victim, diagnostic certificate, and each investigation report;

1. Relevant Articles 301, 300, and 297 of the Criminal Act concerning criminal facts and Article 276(1) of the Criminal Act.

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