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(영문) 수원지방법원 성남지원 2021.01.14 2020고합212
준강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who has a relationship with the victim B (the family name, the female, the age of 26).

1. A quasi-Rape: (a) on January 13, 2019, at the Defendant’s residence located in Gwangju-si apartment C apartment site D, the Defendant discovered that the victim was locked while she was off his/her clothes; and (b) inserted his/her fingers in his/her negative part once.

Accordingly, the defendant, using the victim's resistance impossibility condition, included part of his body in the victim's sexual intercourse.

2. On February 19, 2019, the Defendant found that the victim was locked up at the above place on the o’clock of February 19, 2019, and that the victim was locked down on the floor of the ward with his clothes, and sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

3. Quasi-voluntary indecent acts;

A. On February 1, 2019, the Defendant committed a crime around February 1, 2019, at the place above the o'clock on February 1, 2019, discovered that the victim was locked, sent the victim's chests to his/her clothes in hand, sent the victim's chests back to his/her clothes, walking the victim's world, walking his/her fingers into the brue, and met the victim's chests once.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

B. On March 14, 2019, the Defendant committed a crime on or around March 14, 2019: (a) discovered that the victim was locked with his/her clothes in the above place on around March 14, 2019; and (b) discovered that the victim was locked with his/her arms, with his/her hand, two parts of the victim’s sound.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

(c)

On March 17, 2019, the Defendant committed a crime on March 17, 2019, discovered that the victim was locked while she was off of clothes and that the victim was locked at around March 17, 2019, and that the victim was able to do so by hand only once.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. The complaint of each police statement against the defendant's partial statement B, in the court room.

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