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(영문) 대구지방법원 포항지원 2020.03.26 2019고합79

강간상해등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[criminal power] On December 20, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch on December 20, 2017, and was released on November 30, 2018 during the execution of the sentence, and the parole period expired on January 11, 2019.

【Criminal Facts】

The defendant of "2019 Highly 79" is the space between the victim B (n, 34 years of age) and the victim B (n, 34 years of age) from January 2019 to August 2019 and living together.

1. Around June 13, 2019, the Defendant, at around 13:30 on June 13, 2019, committed an assault and assault with the victim who is the principal of the Defendant, who is the principal of the C building D, and was in dispute with the victim, who is the principal of the Defendant, led the victim to the victim’s head knife by his/her hand.

Accordingly, the defendant assaulted the victim.

2. At around 04:00 on August 31, 2019, the Defendant: (a) committed assault against the victim, including assaulting the victim, such as making a verbal dispute with respect to the victim’s failure to throw away things related to the former male-gu E apartmentF; (b) taking chemical loss with the victim’s head knife; and (c) taking the victim’s head knife with his/her hand; and (d) taking the victim’s head knife with his/her hand.

이에 피고인은 손으로 피해자의 가슴을 만지고 입으로 가슴 등을 빤 다음 반항하는 피해자의 양팔을 잡아 움직이지 못하게 하며, 다리를 벌리지 않으려는 피해자의 왼쪽 허벅지 부위를 깨물어 다리를 벌리게 하였고, 피해자가 계속하여 반항하자 그곳에 있던 밧줄로 피해자의 손목과 무릎을 묶고, 테이프를 피해자의 입에 붙이는 등 피해자를 반항하지 못하게 한 다음 1회 간음하였다.

As a result, the defendant raped the victim and brought about about two weeks of treatment to the victim.

3. Around 14:00 on August 31, 2019, the Defendant filed a report on rape, injury, etc. under the above paragraph (2) by the victim, who was divingd from the South-gu E apartmentF at a port, the body of the victim’s house.