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(영문) 광주지방법원 순천지원 2013.04.11 2013고합23

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant is a neighbor who is living in an apartment such as the victim C(M, 45 years old) who is a disabled person in the third degree of mental retardation.

피고인은 2012. 9. 4. 14:00경 여수시 D에 있는 피해자 C의 집에서 성명불상의 수도수리업자가 피해자의 집 수도공사를 하는 것을 보고 피해자에게 “앞으로 수도가 고장나면 내가 고쳐주겠다. 연락처를 알려달라.”고 말하면서 피해자의 휴대전화 번호를 알아내고, 그 과정에서 피해자가 혼자 사는 여성이라는 것을 알아챈 후 피해자를 강간하고자 마음먹었다.

At around 22:00 on September 4, 2012, the Defendant: (a) discovered the victim’s house and intruded into the victim’s house through the entrance door; (b) found the victim’s chest and sound part; (c) taken the victim’s chest and sound part by hand; and (d) took the victim’s hand to the small room, she off the clothes; and (c) she frighted the victim’s body by assaulting the victim’s body to take part in the body of the Defendant, etc., leading the victim to a suppression of the victim’s resistance; and (d) inserted the Defendant’s sexual organ into the victim’s sexual organ.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C Public prosecutor's office and police statement;

1. Determination as to the assertion of the defendant and defense counsel by investigation report (Audio Recording and Recording Notes appended to the Victim C), investigation report (general) - Examination and Inspection Results of Victim C, investigation report (Audio Communications of Witnesses E), and investigation report (Audio Communications of Witnesses)

1. The alleged defendant is only a victim's telephone and has sexual contact with the victim except where the victim's family with the victim's sexual intercourses under the agreement with the victim, and there is no rape.

Even if the defendant rapes the victim, the defendant is living in the victim with the intention to rape from the beginning.