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(영문) 광주지방법원 순천지원 2019.02.14 2018고합207

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

A defendant shall be punished by imprisonment for five years.

disclosure and notification of information on the accused for five years.

except that it shall be made publicly available.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. Around August 23, 2018, the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) opened and intruded with an entrance that was not corrected when the victim C (a person, a person, and a person aged 49) located in Macheon-si B was located in B (a person, a person

The victim, who was divingd in the house, said that "the defendant had been able to see the body of the defendant who moved in the house, and that the defendant could harm the victim with a deadly weapon, etc." as the husband stands with the defendant.

그러자 피고인은 피해자에게 다가가 피해자의 몸 위에 올라탄 후 목장갑을 낀 손으로 피해자의 입을 막고 “사람들이 알면 서로 창피하니까, 살짝 하고 갈게.”라고 말하고 피해자의 바지와 팬티를 벗겨 손으로 피해자의 음부와 가슴 등을 만지고 혀로 피해자의 왼쪽 허벅지를 핥았다.

이 때 피고인이 흉기를 소지하지 않고 있다는 사실을 알아챈 피해자가 몸부림을 치며 저항하자, 피고인은 피해자에게 “자꾸 이러면 때린다. 맞고 할래.”라고 협박하고 이불로 피해자의 얼굴을 덮어 반항하지 못하게 한 후 피해자를 간음하려고 하였으나 피해자가 피고인의 몸을 밀치고 밖으로 도망치는 바람에 미수에 그쳤다.

Accordingly, the defendant invadedd the victim's residence and tried to commit rape, but did not bring about the intent and attempted crime.

2. At night, the Defendant violated the victim’s house at the time indicated in the preceding paragraph, and the Defendant stolen the victim’s house with a key to the market price, such as the low-speed chain, which is the victim’s possession between the escape and the escape.

[Facts constituting the ground for attachment order] The Defendant was sentenced to imprisonment with prison labor for not more than two years and six months and three years of suspended execution for rape and bodily injury resulting from rape in the Gwangju District Court’s Netcheon Branch on February 3, 1989.