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(영문) 서울북부지방법원 2012.11.02 2012고합392
강간
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 06:00 on June 2, 2012, the Defendant, at the “D” restaurant operated by the Defendant in the first floor of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, 4, including the wife E’s women-friendly job offers victim F (the age of 36) and provided the victim with the victim’s house in Seoul Special Metropolitan City, Nowon-gu.

After entering a house with the victim, the defendant gets the victim from the victim, put the victim on the bed, put the victim on the bed, and exceeded the clothes of the other victim on the body of the victim.

After opening the Habroto, the Defendant saw the victim's entrance and the chest of the victim's body to be frighted, and frighted to the victim's body, the victim frighted to the victim's body and frighted to the victim's body, and fright to fright to the victim's body, but the victim frighted to fright to the victim's shoulder, fright to fright to the victim's body, and prevented the victim's arms from getting fright to fright the victim's body, and added the finger to the victim's fright to fright to the victim's body.

The defendant continued to draw up the head of the victim into the floor by continuously cutting down the victim's head, and then putting the sexual flag into the victim's entrance and shaking it.

Accordingly, the Defendant assaulted the victim to suppress resistance, and sexual intercourse with the victim once after the suppression of resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. The prosecutor's statement concerning the F;

1. Each police statement to F and E;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determination on the Defendant and his/her defense counsel’s assertion under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Summary of the assertion

A. The victim’s statement is the overall background of the instant case, and the oral intercourse is rejected by the victimized female himself/herself.

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