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(영문) 광주지방법원 해남지원 2016.05.11 2016고합2

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On October 21, 2008, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court, and completed the execution of the sentence on October 5, 2014.

1. On January 8, 2016, the Defendant intrudes into a house and thief, around 14:10, on the part of the victim D (V, 56 years of age) who was a usual fright in the rooftop of the third floor building in Jindo-gun, Jindo-gun, Jindo-gun, Seoul at around 14:10, and went into a room through the window of the living room by utilizing the crebs without the victim, and then takes 435,00 won from the wall of the victim located therein;

(v) A theft was committed.

2. The Defendant collected a knife (33cm in total length, 11cm in knife in knife and knife in knife in knife) that is a dangerous thing that the victim was in the direction of the spec after committing a crime of paragraph 1, and ordered the victim to “the knife in knife and the knife in knife in knife.”

이후 피고인은 피해자를 강간하기로 마음먹고 피해자의 목에 회칼을 대고 “ 옷 벗어 ”라고 협박하여 이에 겁을 먹은 피해자로 하여금 옷을 모두 벗게 하여 바닥에 눕게 한 뒤, 회칼을 놓아둔 채 손으로 피해자의 가슴을 만지고 혀로 피해자의 음부를 핥는 등 강간을 시도하였으나 피해자가 회칼로 피고인의 오른쪽 어깨 부위를 찌르고 도망하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

【Criminal facts No. 1】

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Protocol of seizure and list (15 through 16 pages of investigation records) / [Article 15 through 16 of criminal facts] one defendant's partial statement in court;

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. Records of seizure and a list of seizure (17 through 18 pages of investigation records) / [criminal records]

1. Inquiry about criminal history;

1. Investigation reports (verification of criminal records, including during the period of repeated crimes), investigation reports (Attachment of the same record as the suspect), personal identification and confinement status, and application of a copy of each Act and subordinate statutes;

1. Criminal facts;