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(영문) 서울서부지방법원 2014.09.19 2014고합158
강간
Text

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

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

피고인은 ‘Hi there'이라는 스마트폰 채팅 어플을 통해 피해자 C(여, 19세)을 알게 되어 약 4일간 문자메시지를 주고받던 중, 2014. 6. 18. 15:30경 서울 마포구에 있는 합정역 인근에서 피해자와 만나기로 약속하였다.

The defendant, who had arrived at the place of the above temporary border agreement, called the victim's home, head, and entices the victim into the defendant's home. The victim found the defendant's home located in Mapo-gu Seoul Mapo-gu 102, "I wish to drink at the defendant's home," and began drinking at the defendant's home together with the victim's house.

While the Defendant was drinking with the victim as above, the Defendant saw the victim’s desire in a manner consistent with the victim’s entrance, and even though the victim did not refuse to do so, but did not do so, the Defendant saw the victim’s body behind the victim, and resisted the victim’s two arms to “I do not refuse to do so, I do not refuse to do so,” and inserted the Defendant’s sexual organ into the part of the victim’s sexual organ.”

However, when the victim continued to do so, "I do not do so, I do not refuse to do so, I do not refuse to do so," and the defendant sawd in the toilet at the time of locked, and again, in the same way, panty and panty of the victim who was singing and holding clothes in the same manner, and inserted the defendant's sexual organ into the victim's panty, and then the victim tightly inserted the defendant's sexual organ into the part of the victim's sexual organ in the same way as the victim was tightly inserted in the toilet.

Accordingly, the defendant forcedly raped the victim.

Summary of Evidence

1. The defendant;

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