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(영문) 의정부지방법원 2019.09.20 2019고합174
강간치상등
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

To the extent that it does not infringe the defendant's right of defense, the phrases of the facts charged were partly revised according to the results of the examination of evidence.

1. On November 22, 2017, the Defendant violated the Immigration Control Act entered the Republic of Korea as a visa (B1 visa) for short-term travel, and employed B from August 10, 2018 to August 23, 2018, whose sojourn period expired as of February 20, 2018, as an employee at a “D” restaurant operated by himself/herself in Jung-gu Incheon Metropolitan City as of August 10, 2018.

2. The Defendant injured by rape committed the following acts at the above restaurant from around 11:55 on August 23, 2018 to 13:00.

The defendant gave KRW 100,00 to the victim B (at 35 years of age) and led the victim to his room in the above restaurant.

The Defendant: (a) laid down the clothes of the victim who intends to see himself/herself; (b) laid the victim’s left eye, etc. on his/her hand; (c) laid the victim’s arms on the floor; (d) laid down the victim’s arms on one hand; and (e) laid off the victim’s panty; and (e) laid off the victim’s panty; and (e) laid off the part on the part of the victim, and demanded the victim to promptly boom his/her sexual organ in face to the victim.

The defendant refused this, and the victim demanded that the victim met his sexual organ by hand, and the victim took her clothes while acting as requested by the defendant, and kid away from her own room.

Accordingly, the defendant, depending on the victim, had the victim ske and walk the door of his visit, and had the victim out of the victim as they seem to be at the time of the victim.

The defendant threatened the victim with a water reservoir located on the above restaurant table, and the escape of the victim as the main room is the victim's hand, and the victim's head knife and knife his head knife his head knife his head knife his knife, knife the victim's head knife, knife the victim's head knife, knife the victim's knife, knife his arms on the floor, and down the victim's clothes.

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