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(영문) 서울남부지방법원 2020.05.08 2019고합322
강간등
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The defendant is able to teach rape victim B (math, 36 years of age) and about two years of age

On September 12, 2018, the victim called the victim several times on September 12, 2018, using the fact that the victim's claim against the defendant was in excess of KRW 10 million and could not end contact with the defendant, and "after all the four things desired, the victim demanded to go in us."

At around 03:30 on September 12, 2018, the Defendant, at the request of the Defendant, committed sexual intercourse with the victim at the request of the Defendant, who was located in the above location of Gangseo-gu Seoul Metropolitan Government building C, “I wish to see within, or I wish to see, whether there is a male,” and “I wish to see the victim’s face once at the seat of the hand,” and “I am back to the male test, I am the victim knife the victim by hand, and laid off the victim’s knife on the floor, I am the victim’s arms and knife with another hand, and prevented the victim from resisting the victim’s will and clothes, and sexual intercourse once.

2. At around 05:39 of the same day after the victim was raped as stated in paragraph (1) at the date and time, at the place, the defendant sited on the floor by putting the victim's shoulder by breaking up the victim's shoulder with the defect that the defendant attempted to get out of the Chinese house, and "it is not possible to confirm the male relationship, such as cutting off the victim's shoulder, so long as he died, I do not have to be frighten, I do not have to be frighten, I am sentenced to imprisonment with prison labor, I am frighten, I saw the victim who want to escape back, and detained the victim by assaulting the victim by hand, such as the victim's face at around 06:15 on the same day, such as the victim's hand, and the victim's face from the hand.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses B in the third protocol of the trial;

1. Statements made by witnesses E in the fourth trial records;

1. Part of the statement of each prosecutor's interrogation protocol against the defendant (including the substitute part) 1.

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