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(영문) 제주지방법원 2016.10.13 2016고합70

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On June 5, 2016, the Defendant: (a) entered a convenience store (a) located on the street at Jeju-si (around June 12:09, and discovered the victim D (influence, name, and age 32) who is an employee of the said convenience store; (b) purchased the goods; (c) purchased the goods; and (d) took the victim’s hand before the calculation unit; and (d) performed an act of self-defense influence with the Defendant’s seat.

피고인은 다음 날 02:14경 피해자를 강간하기로 마음먹고 위 편의점으로 가 위 편의점에 침입한 후 피해자를 바라보며 다시 자위행위를 하고, 이를 눈치 챈 피해자가 편의점 내 창고 안으로 피하자 피해자를 뒤따라 창고 안으로 들어가 피해자의 양팔을 붙잡아 바닥에 넘어뜨리고, “죽여버리겠다.”고 말하면서 오른 팔로 목을 잡아 움직이지 못하게 한 후 왼손을 피해자의 옷 속에 집어넣어 가슴과 음부를 만지고, 피해자의 목을 핥고, 피해자의 바지를 벗겨 피해자를 강간하려고 하였으나 피해자의 비명소리를 듣고 달려온 위 편의점 종업원 E에게 제지당하였다.

Accordingly, the Defendant attempted to rape the victim by impairing the building managed by the victim, but attempted to commit such rape.

2. In the date and place mentioned in paragraph 1, the injured Defendant fighting with the victim E (the age of 20) at the victim’s time and place as above, and caused the victim to lose his mind by drinking and exposing the victim’s face and face.

Accordingly, the defendant puts the victim into the right-hand water surface and salt in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records and search records;

1. As a result of appraisal on the scene of the crime, replies to the results of appraisal on the scene of the crime, reports on requests for appraisal, and criminal investigation reports ( telephone conversations with victims D and E);

1. The investigation report (the place of the damage and the victim's photograph), the investigation report (the 83 pages of the investigation record); and