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(영문) 인천지방법원 부천지원 2017.03.24 2016고합244
강간등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 9, 2015, the Defendant introduced the Victim D(M, 53 years of age at the time) through the “C” group for the Defendant’s marriage around June 9, 2015. From around the 13th of the same month, the Defendant met with the victim several times and operated two sports goods stores in the store located in Dongdaemun-gu, namely, “a water skiing instructor on his/her arms and operate two sports goods stores in his/her arms,” thereby creating a sexual relationship with the victim.

1. On June 22, 2015, the Defendant: (a) entered the Felel located in Jung-gu in Seoul, Jung-gu, Seoul, where the Defendant had doping arranged a store around Dong-gu around 15:00; (b) had attempted to engage in a sexual intercourse twice under the agreement with the victim; (c) has given up the sexual intercourse because it did not become an origin; and (d) has again demanded the victim to engage in a sexual intercourse at around 16:00 on the same day; (c) has refused to accept the victim’s refusal to “one defected and defective”; (d) has been forced to enter into a sexual relationship with the victim by force; (e) having the victim’s hand and carried on a bridge so that the victim’s body could not be divided into the victim’s body by hand; and (e) having sexual intercourse with the victim once.

2. The Defendant attempted to rape and engage in sexual intercourse with the victim’s right side knife at the right side of the resisting victim when the victim’s body was seriously pushed away from the victim’s body, despite the lack of circumstances, such as the statement in paragraph 1, and the Defendant attempted to suppress and engage in sexual intercourse with the victim, but the victim’s escape was not the same as the victim’s telephone suffering from knife.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the public prosecutor and the police concerning D;

1. Investigation report (in response to the results of DNA analysis), each request for appraisal, each gene appraisal report, each gene appraisal map, structure map, investigation report (the photographs above the victim's wife), each photograph, investigation report (G content, suspect photograph), and application of G photograph-related Acts and subordinate statutes;

1. Criminal facts;

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