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(영문) 수원지방법원 2019.01.17 2018고합493

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant came to the school with the victim B (V, the age of 35) around October 2017.

On April 5, 2018, the defendant found the victim's house and demanded the victim to take a delivery again, and the victim dices together with the defendant in the nearest head house in order to return the defendant's house.

The victim, who had been under the influence of alcohol, continued to "not to have a house", has been gathering the defendant as a whole without choice.

1. At around 05:20 on April 6, 2018, the Defendant: (a) when the Defendant returned to the convenience store at the Damoel room located in Suwon-si, Suwon-si, Suwon-si, and went to the convenience store, and caused the victim to have a buck up with the Defendant’s arms on the part of the victim’s hand room; (b) when the Defendant bucked into the toilet room, the Defendant bucked the victim into the victim’s hand room, the Defendant bucked the victim into the victim’s buck, and she took the victim’s clothes, and she was raped by having the victim go beyond the victim’s buck with the Defendant’s hand, and forced the victim’s arms to go off by force; and (c) she took the victim’s arms with the Defendant’s hand, she took bucks of the victim’s bucks by inducing the victim’s claim by inducing the victim’s injury.

2. 성폭력범죄의처벌등에관한특례법위반(특수강간) 피고인은 2018. 4. 6. 07:00경 위 제1항과 같은 장소에서, 피해자와 대화를 하던 중 피해자가 피고인에게 욕설을 했다는 이유로, 피해자의 머리, 허벅지를 주먹과 발로 수회 때리고, “살려달라”고 말하는 피해자의 입을 손으로 막은 후 피해자의 머리를 다시 수회 때리고 손가락을 피해자의 입 속에 집어넣어 입을 찢는 듯한 시늉을 하고, “죽고 싶냐”라고 말하면서 우산을 피해자의 얼굴을 향해 들이대고, 가방에서 커터칼을 꺼내어 피해자에게 들이대면서 “죽기 싫으면 너 말 잘 들어, 무릎 꿇어”라고 말하여...