(영문) 대구지방법원 경주지원 2020.03.26 2019고합62

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(영문) 대구지방법원 경주지원 2020.03.26 2019고합62

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

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1. The defendant shall be punished by imprisonment for three years;

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

Reasons

Punishment of the crime

The defendant, on July 26, 2019, entered the Republic of Korea as a foreigner of Vietnam's nationality, following the status of stay in the visiting Dong (F-1, the period of stay May 24, 2020), and is the husband of the victim B (V, 26 years of age), who is the father of the victim B (V, 26 years of age).

On November 14, 2019, at around 15:00 on November 14, 2019, the Defendant solicited the victim to drink alcohol from the room of the victim on the first floor of the E building located in Si, Si, Ma, and had the victim drinked with alcohol at around 16:30 on the same day after drinking alcohol, and had the victim sleeped to have sexual intercourse with the victim.

In order to make a cleaning agent, the victim asked the Defendant to “the water string,” and the Defendant sent the water to the kitchen as if the water string, and then returned to the kitchen, and returned to the room, and let the victim be faced with the victim by taking the strings of the victim, and the victim refuses to do so, thereby threatening the victim “the string, the string, and the string of the sound,” which means “the string, the string, and the string.”

On his hand, the Defendant continued to get off his body part of the victim’s thirrts and tried to get off his clothes.

Therefore, the difference of the victim's hand by the victim's sound so that the victim can live, and the defendant's hand by his string the defendant's hand, and the defendant's hand over to the front of the door.

Although the Defendant tried to commit rape of the victim, the Defendant: (a) she was able to capture the victim’s arms, leading the victim, and rape; (b) she said, “The Defendant left the victim’s arms and brought about water to the toilet, she saw that she wants to have his/her arms added to tax base.” (c) she did not bring the victim’s arms to the toilet, and later, she did not bring him/her away from the window.

Accordingly, the defendant tried to rape the victim's kinship, and attempted to commit rape.

Summary of Evidence

1. The defendant's partial statement in court;

유사 판례

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