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(영문) 서울남부지방법원 2014.12.18 2014고합152
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, with Chinese nationality, maintained a sexual intercourse from around 2009 to the victim C (n, female, 38 years of age, and Chinese) and around August 2013. Around October 2013, the Defendant left China and continued to contact the victim on February 20, 2014, and demanded him/her to contact with him/her.

On March 1, 2014, at around 22:30, the Defendant: (a) called the victim’s telephone 202, Eindo located in Guro-gu Seoul Metropolitan Government D, saying, “A certain talk about hedging is defective;” (b) met the victim outside of the boarding house, and (c) entered the victim’s house with the victim’s “I am the same drinking, and I am the same drinking,” and (d) stated it together.

At around 00:00 on March 2, 2014, the Defendant: (a) stated that “the victim would drink with beer; (b) if there is no talk that the victim would do so; (c) would do so; and (d) obstructed the victim from leaving the room; (b) obstructed the victim’s body by drinking with the wall; and (c) faced the victim’s head with the wall; and (d) took the victim’s head against the wall; (b) shown that the victim, while taking a bath, frighted with the victim, she frighted the victim and frighted the victim to get off the clothes; and (c) led the victim to go off the clothes on his/her own without complying with the Defendant’s request.

The defendant continued to have been off clothes when taking the son's hair, body, etc. on drinking, placed the victim's hand on the floor, placed the victim on the floor, and tried to rape after suppressing the victim's resistance. However, the defendant did not have the intent to escape from the toilet and attempted to escape from the room.

Accordingly, the defendant tried to rape the victim, and the victim suffered double scams requiring medical treatment for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The statement made by the prosecution of F. F. The prosecutor;

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