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(영문) 서울남부지방법원 2013.12.27 2013고합293
강간치상등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 200 hours.

Reasons

Criminal facts

On December 27, 191, the Seoul High Court sentenced a short term of five years and ten years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery).

On December 28, 2001, the Defendant sentenced the Suwon District Court to ten years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) and one year and six months of imprisonment for robbery, etc. at Seoul High Court on July 2, 2002, and completed the execution of the sentence on March 8, 2013.

around 02:00 on June 30, 2013, the Defendant stated in the indictment that the Defendant raped the victim as a toilet at around 03:30 on June 30, 2013, the victim D (nor 54 years of age) in Geumcheon-gu, Seoul, and drinking alcohol. On the same day, around 03:30 on the same day, the Defendant was raped by the victim as a toilet at around 03:30. According to each evidence described below, around 03:30 on the summary of the evidence, the Defendant and the victim began to drink the alcohol, and thus, the Defendant and the victim begin to drink the alcohol as above.

As long as the defendant recognizes the fact of gender relationship with the victim, it does not seem that partial recognition of time during which the defendant had sexual relationship would substantially obstruct the defendant's exercise of his/her right to defense.

When other customers return home and left a room with the victim, they want to rape the victim, and make the head of the victim who was seated with the victim following the victim in the toilet and was unable to resist by hand, and tried to engage in sexual intercourse. However, the toilet did not seem to be narrow due to the narrow relation, and the victim did not go out of the toilet and engage in sexual intercourse once after putting the victim out of the toilet, and the victim was raped with the victim, and then the victim was frightd with the body flag, such as arms, in which the number of treatment days cannot be known.

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