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(영문) 부산지방법원 2019.08.16 2019고합313
유사강간등
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (math, 55 years of age, brain dypology 4) and the victim B for about one year and six months.

1. Around 22:00 on April 8, 2019, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) said that the Defendant had talked with the victim in the Defendant’s residence located in the Busan Young-do C, Busan, that “I have a talk that I would like to have a male and female, and that I would like to take a detailed attitude.”

In this regard, the defendant is not the victim, and the defendant refused to be the victim, as the knife would be teared, and "knick in each hole in which he is off of clothes" means the knife of the victim, knife the head of the victim by cutting off knife the knife, suppressing resistance by skeing him, and then putting the hand of the defendant into the part of the victim's knife, with a sex instrument in the shape of male sexual flag in advance, put the knife into the part of the victim's knife and the part of the knife.

While the Defendant engaged in the above acts several times, the Defendant stated that “I put this sex organ into it by himself, and she could see it with another male, even though she did not do so, she did so once she reported her business,” so that she would be inserted into the victim himself/herself and taken the form by using the cell phone camera of the Defendant.”

Accordingly, the Defendant, by assaulting and threatening the victim, has taken the body of the victim who could cause a sense of shame by using a camera, against his/her will.

2. The Defendant, around April 9, 2019, attempted to add the same similar rape, etc. to his/her sexual organ in the victim’s sexual organ during which he/she had been unable to resist during several hours at the same time at the time from the new wall. The Defendant attempted to add the victim’s sexual organ to his/her sexual organ.

Accordingly, the defendant attempted to quasi-rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's interrogation protocol against the defendant is the answer type.

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