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(영문) 서울남부지방법원 2014.11.21 2014고합321

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant became aware of the victim D (n, 37 years of age) at the Internet site Baber "C", which is a website, and went back from the first police officer on June 2014, the same year.

7. Policeman and the victim did not think of their own sex, with the intention of having the hedging defect and raped the victim.

피고인은 2014. 7. 26. 00:00경 서울 양천구 E에 있는 피해자의 주거지에 찾아가 피해자에게 수차례 전화를 하였으나 피해자가 전화를 받지 않자, 피해자에게 “신고해라 니차 작살 냇으니”라는 문자메시지를 보냈고, 이에 차를 확인하기 위하여 현관문을 열고 나오는 피해자를 밀치고 집안으로 들어갔다.

The defendant tried to rape the victim by putting his arms into the panty in which the victim was suffering, leading the victim's arms at a small room, and exposing his fingers into the panty in which the victim was suffering, but the victim saw the victim into a kitchen and a living room as the victim gets at home.

Since then, the Defendant saw a knife (20.5cm in knife, 12cc in knife) which is a deadly weapon in the kitchen kitchen, as his hand, the victim was over the floor in the process of threatening the victim, and threatening the victim to take the knife and to take the knife.

The Defendant: (a) placed a knife of the victim in a small room; (b) placed a knife in a kitchen and a living room together with the victim; (c) had the victim's arms at his hand threatened the victim; and (d) had sexual intercourse on one occasion after suppressing the victim's resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Records of seizure, list of seizure and photographs of seized articles;

1. The application of Acts and subordinate statutes to the hands-to-saw photographs of the suspect's body, cell phone pictures, field photographs, etc. of the suspect, investigation reports (Attachment of the details of text messages to be submitted by the victim), and requests for appraisal;

1. Relevant Article on the facts constituting an offense and the punishment, etc. of a sexual crime selected;