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(영문) 서울중앙지방법원 2016.06.09 2016고합141
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Punishment of the crime

Defendant is a person who entered the Republic of Korea as a non-professional employment (E-9) status on May 28, 2014 with Cambodia’s nationality. During his/her stay in the Republic of Korea, he/she became aware of the victim C (V and 33 years of age) and was living together from July 2015. However, on January 16, 2016, he/she assaulted the victim as follows, and came to take one another at the request of the victim on January 18, 2016.

1. On January 16, 2016, the injured Defendant: (a) 02:00 on the 02:0 on the 16th day of Mancheon-si Mancheon-si Mando requested the victim to have sexual intercourse in front of the victim and the restaurant; (b) but the victim refused the victim’s sexual intercourse; and (c) threatened the victim with the victim’s family members in Cambodia and the children in Korea without the victim’s oral speech; and (d) caused the victim’s injury, i.e., suffering from the victim’s face value at least six times, by leaving the victim’s face part of treatment days.

In regard to this, the defendant only took three times by hand the face of the victim, and did not inflict an injury on the victim, such as copiing the victim.

However, the victim consistently stated in the investigative agency and the court as above, and the defendant also stated in the prosecutor's office that the victim was crypted from the victim on the following day of this case.

This part of the facts charged is fully recognized in light of the fact that the victim stated the statement, and there is a detailed statement received from the relevant father after the occurrence of the instant case, since there has not been much time after the occurrence of the instant case.

2. The Defendant who damaged property was the victim while assaulting the victim at the time and place specified in the above paragraph (1).

When galloning which is equivalent to KRW 1300,000, S6 mobile phones were cut off and laid on the seed floor and damaged the liquid and terminal.

In this regard, the defendant was directly holding his mobile phone floor by the victim.

However, the victim has consistently stated that the defendant brought his cell phone in the investigative agency and the court has been on the floor.

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