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(영문) 광주지방법원 목포지원 2017.05.11 2017고합23

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

One cell phone (No. 4) seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny, etc. in the wooden Branch of the Gwangju District Court on August 10, 2015, and the execution of the said sentence was terminated on September 10, 2015.

1. On February 9, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) committed an intrusion on the part of the victim C (n, 61 years old) in the south-gun of the Republic of Korea on the part of the victim C (n, a female, 61 years old), through an unlocked kitchen window, and obstructed the victim’s chest in the above house, while he was out of the clothes of the victim in order to detect the victim and have sexual intercourse with the victim, the victim prevents the victim from suffering with his shoulderer’s hand, and the victim’s “humbing off with his hair, sound humbing,” which read, “humbing the victim’s head by making it possible to suppress the victim’s resistance, inserting the Defendant’s sexual organ into the part of the victim, but did not come into the part of the victim’s chest and the Defendant’s finger will and the Defendant’s finger.

As a result, the Defendant intruded the victim's residence, thereby committing similar rape, and inflicted an injury on the victim, such as a shot, etc., which requires approximately three weeks of medical treatment.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (such as cameras, etc.), took his/her fingers without the consent of the victim by using his/her cell phone camera functions, when inserting his/her fingers into the negative part of the victim, as described in paragraph 1, at the time and place set forth in paragraph 1.

3. At the time and place set forth in paragraph 1, the Defendant: (a) told the victim to take the victim’s property by taking advantage of the situation where the victim’s resistance is suppressing; and (b) saying, at the time and place set forth in paragraph 1, the victim “to take the victim’s property from receiving money.”