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(영문) 인천지방법원 부천지원 2018.09.14 2018고합95
강간등
Text

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

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

Reasons

Punishment of the crime

On December 28, 2017, the Defendant introduced the alcohol house "C" located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, a new wall around December 28, 2017, and moved the victim D (n, 19 years of age) to the residence of the victim in Bupyeong-si, the Defendant first saw the victim D (n, b, 19 years of age) to drinking together.

At around 05:00 on the same day, the Defendant divided the victim’s stories with the victim’s residence. At around 05:00, the Defendant endeded the victim’s mind to rape by enjoying the victim’s body, obstructed the victim’s body by fasting the body of another Defendant’s body attached to the bend lease, and then forced the victim from leaving the part of the victim’s body and her clothes, and resisted the victim’s body and clothes at around that time, and pushed the Defendant. However, the Defendant continued to divide the victim’s chest by hand and closely sealed the Defendant’s body into the bend lease, and then inserted the Defendant’s sexual flag into the part of the victim’s sexual organ.

Accordingly, the Defendant raped the victim.

On April 22, 2018, the Defendant: (a) from around 01:15 to around 02:13, 2018, the Defendant: (b) was parked in the victim G (48 years old) parking lot in the front of the Busan-si F, Seocheon-si; (c) opened a locked driver’s seat and intruded into the victim’s vehicle, and cut off the vehicle with a line line of KRW 100,000,000 in the market value of the victim’s possession in the vehicle.

Summary of Evidence

" 2018 Gohap 95"

1. Each legal statement of witness D and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigative report (content of text messages) and the closure of victim’s text messages, 2018 Gohap 109;

1. Statement by the defendant in court;

1. G statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes to the data to cut the dynamic image and to damaged photographs;

1. Relevant Article of the Criminal Act, Article 297 of the Criminal Act (the point of rape) and the Criminal Act concerning the crime;

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