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(영문) 인천지방법원 2020.01.17 2019고합807
강간등
Text

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

The defendant is a child or juvenile-related institution, etc.

Reasons

Criminal facts

On October 26, 2019, at around 04:17, the defendant and the person subject to probation order (hereinafter referred to as the "defendant") were operated by the victim C (a name, leisure, age 29) located in Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as "the defendant"). At around 204:17, all customers return to the toilet, and when all customers drink the remaining drinking, the victim was forced to rape the victim in the toilet, and then the victim was waiting for rape in the toilet. At the same time, the victim was flick in the body of the defect that they want to take out from the toilet, flicked the victim's arms with his hand, flicking the victim into the toilet, flicking the victim into the toilet, flping the victim's bar, fling the victim's clothes, fling the victim's clothes, cutting off the victim's clothes, and inserting it into the part of the victim's sex, thereby inserting the victim into the toilet.

Accordingly, the defendant raped the victim by assault.

Since it does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his/her right to defense, "Assault" is added ex officio without any changes in indictment procedure.

[The facts leading up to probation order] The Defendant committed a sexual crime against the victim as stated in the facts constituting the crime in its ruling, even though he had been sentenced to a suspended sentence of three years and six months in the Incheon District Court on September 24, 2004 due to rape and bodily injury by rape, and the Defendant committed a sexual crime as stated in the facts constituting the crime in its ruling. In light of the process of the crime and the method of the crime, the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. The suspect's clothes, photographs and pictures of the victim at the time of damage;

1. Each investigation report (the investigation of a victim C (tentatively named), the statement of a victim, and the statement of a suspect);

1. The risk of repeating a crime as indicated in the judgment: The following circumstances, i.e., the Defendant’s sexual assault crime, which could be identified by comprehensively taking account of each of the above evidence and the statement of a prior investigation

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