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(영문) 전주지방법원 군산지원 2016.12.22 2016고합137

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Punishment of the crime

【Criminal Power】 On February 21, 2012, the Defendant was sentenced to three years by the Jeonju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Gwangju Prison on September 4, 2014.

1. On September 4, 2016, the Defendant: (a) knew of the fact that the Victim C (Gain, 62 years of age) was living together in the house, and tried to rape the victim; (b) on the same day, around 02:00, the Defendant opened and intruded the victim’s house in Gunsan-si D.

The Defendant, who was diving in the inside of the victim, she takes a part in the victim’s her body, she she was frighten and resisting the victim’s body, and she took a kitchen knick (40 cm in total length) that had been prepared in advance in the victim’s items, and threatened the victim’s resistance, and tried to rape the victim with the victim’s her body being under the influence of entering the victim, by threatening the victim’s resistance.

However, the victim did not go against the wind continuously and did not bring about the intent to commit the crime, and suffered bodily injury, such as fluoral dynasium, which requires approximately two weeks of treatment to the victim in the process.

Accordingly, the defendant invadedd the residence of the victim with a deadly weapon and tried to rape the victim, and thereby the victim was injured by the attempted rape.

2. On October 7, 2015, the Defendant: (a) received a proposal from an employee of Bosing 20 million won in cash and delivered it to the Defendant; and (b) accepted the proposal to the effect that “I would give KRW 3,90,000,000 from a party’s account under the name of the Defendant; and (c) then withdrawn the money deposited in the Bosing phishing crime and deliver it to the said employee; and (d) subsequently, the Defendant served as a “personal book” to withdraw the money deposited in the Bosing phishing crime and deliver it to the said employee.