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(영문) 수원지방법원 안산지원 2017.12.15 2017고합271
강간등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 2017, the Defendant came to know of the victim E (name, leisure, 18 years old) through D “D”, which is a mobile phone-making case, and had sexual intercourse with the victim only once. The victim is a person with intellectual disability of class 3 who is assessed as 55, social age 9.5, and social index 59.

1. The Defendant, at around 04:50 on July 8, 2017, 201, made a false statement to the effect that “the Defendant had a dynamic image already taken when she had sexual intercourse” to the victim via “F,” which was the mobile phone mar case, and demanded that the victim requesting to delete a sexually related dynamic image, “licking female her sexual intercourse or changing a sexual intercourse instead,” and received two copies of the photo from the victim’s victim, requiring the victim to voluntarily affix his/her photo.

Then, at around 09:40 on the same day, the Defendant met the victim at Hel 612 located in Ansan-si G in the same day, and, if he did not respond to the sexual relation, given the victim’s sexually related video and brhographic photo as if he would sell or spread it to others, and forced the victim to resist his resistance, and had the victim go off his clothes and put it on the bed on the bed, and raped by having the victim engage in sexual intercourse once.

2. A similar rape: (a) on July 8, 2017, the Defendant parked a vehicle operated by the Defendant in the vicinity of theJ located in Ansan-gu, Annsan-si, Annsan-si; (b) demanded the victim to promptly leave the Defendant’s sexual organ; (c) continuously used the victim’s drinking condition, such as the preceding paragraph, to suppress the victim’s resistance; and (d) caused the victim to rapidly put the Defendant’s sexual organ into the mouth against the victim by intimidation.

3. The Defendant, through “F” around July 8, 2017, 209:05, brought the victim with sexually related dynamic images and photographs, which were sold or spreaded to another person, prior to that time.

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