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(영문) 인천지방법원 부천지원 2019.05.24 2019고합40

강간

Text

A defendant shall be punished by imprisonment for four years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

On April 30, 2015, the Seoul High Court sentenced the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") to four years of imprisonment for the crime of violating the Act on the Protection of Children and Juveniles from Sexual Abuse, and completed the execution of the above sentence on September 17, 2018.

【Criminal Facts】

The Defendant: (a) Then, she introduced a woman with breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic breathic

On January 7, 2019, at around 20:15, the Defendant: (a) sent alcohol to B and the victim in front of the Seocheon-si Station at the drinking house in the vicinity of the Sincheon-si Station; (b) sent alcohol to the two-lane and drink, and (c) sent alcohol to the two-lane Emba City Emba, thereby allowing the Defendant to enter two guest rooms and use one mixed victim room.

피고인은 같은 날 22:00경 피해자가 혼자 사용하기로 한 위 모텔의 불상의 호실 내에서 피해자와 얘기를 하던 중 성욕이 생겨 피해자를 강간하기로 마음먹고 피해자에게 입을 맞추고 가슴을 만지려 하여 피해자가 “이건 좀 아닌 것 같다”라며 거부하였음에도 “나 흥분 됐는데 이 흥분한 것을 어떻게 할 거야”라며 강제로 피해자의 옷을 모두 벗기고 침대에 눕힌 뒤 몸 위에 올라타 피해자의 양팔과 양다리를 움직이지 못하게 힘껏 눌러 반항하지 못하게 한 뒤 가슴을 빨고, 다리를 벌려 음부를 핥고 성기를 음부에 삽입하였다.

Accordingly, the defendant raped the victim by assault.

[Fact that constitutes a ground for attachment order] The Defendant was sentenced to imprisonment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sexual crime, and committed the instant rape, which is a sexual crime, within ten years after the execution of the sentence is completed, and is likely to recommit the sexual crime.

(i) the evidence;