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(영문) 인천지방법원 2012.11.16 2012고합938

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

A defendant shall be punished by imprisonment for fifteen years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Punishment of the crime

1. On January 10, 2009, the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) discovered that the key is attached to the front door and intruded into the front door by opening a door door and intrusion by the gate, around 03:50 on January 10, 2009, when the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) were located in the house of the victim D (n, 33 years old), Vietnam, Nam-gu, Incheon.

The Defendant: (a) the victim, who was reporting TV by marbling in a mixed blick, flicked the victim’s eye with one hand, obstructed the victim from suffering, and flicked with another hand; (b) made the victim’s eye, saying, “I mama”, and resisted against the victim, she threatened the victim as if she would cause harm to the victim’s body; and (c) forced the victim’s resistance to the victim’s body, and she flicked the victim’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

2. The Defendant committed the crime on August 12, 2012 [2012 Gohap938] around 14:30 on August 12, 2012, the Defendant opened an entrance that was not set up at the house of the Victim F (Inn, 26 years of age) of the Nam-gu Incheon East-gu E building No. 101, Seoul, and intruded on the door.

당시 임신 8개월로 임부용 팬티만 착용한 채 생후 34개월 된 아들과 함께 낮잠을 자고 있던 피해자가 인기척을 느끼고 눈을 뜨자, 피고인은 피해자의 눈을 수건으로 가린 후 피해자에게 “가만히 있어라. 옆에 자고 있는 아이가 깰 수 있으니 소리 지르지 마.”라고 말하여 마치 움직이거나 소리를 지르면 옆에서 자고 있는 피해자의 아들에게 위해를 가할 것처럼 협박하여 피해자의 반항을 억압한 후, 피해자의 임부용 팬티를 벗기고 피고인의 성기를 피해자의 음부에 1회 삽입하여 강간하였다.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

The defendant has committed two sexual crimes as stated in his/her judgment, and even in 2005, he/she commits the same law.