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(영문) 서울남부지방법원 2018.12.07 2018고합396
유사강간
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

Criminal facts

On April 11, 2014, the Defendant and the person who requested an attachment order and the person who requested an order to observe the protective order (hereinafter referred to as “Defendant”) was sentenced to imprisonment with prison labor for two years and six months on April 11, 2014, and the suspended sentence was finalized on May 9, 2014. On October 8, 2014, the Defendant was sentenced to a fine of KRW 15 million on the ground of forced indecent act, etc. in the support to Ansan Friwon method, and was sentenced to a fine of KRW 15 million on the ground of forced indecent act.

[2] The Defendant’s crime was committed at the time of the first interview between the victim C (n, 27 years of age, her name) and D’D around August 11, 2018.

The Defendant, while having sexual intercourse with the victim on August 12, 2018, around 03:10 on August 12, 2018, around 03:311, “Furher” in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, was defective that the victim only furbates the sexual intercourse in order to receive telephone, and left the victim’s cell phone, and is the same as bit of bitch bitch.

“The victim took a bath to read “,” and the victim took the victim’s scam, and the victim scam and scam the victim’s scam by scambling the victim’s scam, making it impossible to resist against the victim’s scam, and inserting the sexual flag into the scam of the victim’s scam, and the victim’

In spite of refusal, the fingers were put into the resistance of the injured party, and the sexual organ was put into the mouth of the injured party who continued to be frighted.

In this respect, the Defendant raped the victimized person.

[In light of the fact that the defendant is subject to protection observation while suspending the execution of the sentence, it is necessary to attach a location tracking electronic device to verify whether the defendant has complied with the requirements during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A gene appraisal report (netly 19);

1. Each investigation report (affixing photographs of damage, and attaching photographs of the body of the victim's resistance), and accompanying documents (6-9 each time);

1. Previous convictions in the judgment: A investigation report (Attachment of previous decisions attached thereto) and documents attached thereto, replys to inquiries, such as criminal history (A) (A)

1. During the period of protection observation;

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