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(영문) 춘천지방법원 2017.08.29 2017고합42

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) and from around October 2009, the Defendant was informed of the victim D (43 years of age, female) and around October 2016 from the victim’s death, but requested the victim to refuse it and present him/her to the victim. However, the victim refused it, and the victim was willing to have sexual intercourse with the victim’s residence.

On November 2016, 2016, when the defendant was in the middle 01:00 to 02:00 residence of the victim, the defendant invadedd the victim's living room through the victim's house toilet window, and then intending to flee out of the house with his body and hand, and opened the victim's body and hand over the floor, with his body and hand, and he led the victim's knife to the knife, and tried to have sexual intercourse with the victim's will and clothes off, but the victim resisted and reported.

The sound escaped from the elderly.

Accordingly, the defendant invadedd the victim's residence and attempted to rape after suppressing the victim's resistance, but did not bring about such intent.

2. 감금 피고인은 2016. 12. 초순 01:00 경 제 1 항 기재 피해자의 주거지 주차장에서 피해자를 불러 내어 피고인이 운행하는 F 체어 맨 승용차 조수석에 피해자를 태워 강원 G에 있는 ‘H’ 인근 주차장으로 데리고 가 피해자에게 “ 너를 죽이려고 칼을 샀다 ”라고 피해자를 협박한 후 공소장에는 ‘ 피해자에게 “ 너를 죽이려고 칼을 샀다 ”라고 하며 칼을 꺼내려는 시늉을 하며 피해자를 협박‘ 하였다고

기재되어 있으나, 피해자는 이 법정에서 피고인이 칼을 꺼내려는 시늉을 하였는지는 기억이 나지 않는다고

was stated.

The decline in unloading is changed

At the request of the victim, he leads the victim's two arms to the "J" parking lot in front of the "J" restaurant, which is located in Gangwon-gu I, and puts the victim's two arms to escape from the next motor vehicle temporarily.