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(영문) 광주지방법원 2019.02.13 2018고합526

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 02:00 on June 18, 2018, the Defendant damaged the victim’s house in front of the victim D (the 50-year-old age), who was in a relationship with Gwangju Mine-gu B and C, on the ground that the victim was not informed of the contact, thereby destroying the victim’s house 60,000 won of the market price on the ground that the victim was not informed of the contact.

2. Injury;

가. 피고인은 2018. 11. 4. 03:00경 광주 광산구 E에 있는 ‘F’ 주점에서 위 피해자와 함께 술을 마시던 중 말다툼을 하다가 화가 나 손으로 피해자의 뺨을 때리고 피해자를 밀어 소파에 넘어뜨린 후 피해자의 목을 조르고, 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자의 옆구리와 등을 수회 찼다.

B. On November 4, 2018, at around 06:00, the Defendant drinked with the victim at the Defendant’s house located in Gwangju Mine-gu B and G, and came to have another horse or dispute with the victim. On November 4, 2018, the Defendant went to the victim’s head due to an influence, such as shaking of the victim’s body, and went to the victim’s body.

C. At around 07:00 on November 4, 2018, the Defendant, at the home of the above victim, 2018, followed the victim’s face and body by a shoter, drinking, or drinking, who had been drinking together with the victim and drinking together with the victim.

In three times as above, the Defendant suffered damage to the victim’s reputation of head and other parts requiring treatment for about two weeks.

3. At around 03:30 on November 4, 2018, the Defendant detained the victim by driving the said vehicle to the JA located in Gwangju Mine-gu I and preventing the victim from getting off from the vehicle for about 15 minutes, even if the victim refuses to get off the vehicle of the Defendant, by hand, the Defendant detained the victim by driving the said vehicle at around 03:45 on the same day, to prevent the victim from getting off the vehicle of about 15 minutes.

4. Special cases concerning the punishment, etc. of sexual crimes (special rape, etc.);