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(영문) 울산지방법원 2013.11.06 2013고합97

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Criminal facts

"2013, 97"

1. Around 06:00 on April 21, 2013, the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter referred to as “defendants”) committed an act of rape against the said singing employees through the open door, with the intent to rape the said singing employees at the “Esing” in the operation of the Victim D (Insing, 53 years old) located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter referred to as “Defendants”).

The Defendant discovered the victim who was diving in the singing waiting room at the above singing room, and found the iron singke (10cm in total length), which is a dangerous object on the said singer, and told the victim that the victim would be able to sustain the victim by hand after dancing, and that the victim “blading, as soon as possible,” is called.

The Defendant continued to set up the said spokes on the side of the victim’s head, cut off the victim’s spoke and panty, and tried to put the Defendant’s sexual flag into the victim’s resistance, but attempted to put the Defendant’s sexual organ into the victim’s spoke, but did not inserted, and tried to put the victim’s body into the victim’s body directly.

Therefore, when the victim gives power to the body and brush the body of the defendant, and resists against the defendant's body by hand, the defendant forcedly placed the victim's body on a back-to-face, prevented the victim's face from breaking up in his/her hand, and led the victim's sexual organ into the victim's sexual organ, and inserted the victim's sexual organ in his/her sexual organ.

Accordingly, the defendant invadeds on the victim's residence, and assaults the victim with dangerous articles by suppressing resistance, rapes the victim, and thereby caused the victim to suffer from the inside and outside of the treatment days.

"2013 Gohap224"

2. The Defendant, who suffered rape, was prepared to receive amnesty from the victim’s “H user” at around 08:0 on March 30, 2013, when the victim G (n, female, 55 years old) located underground in Ulsan-dong, Ulsan-gu, U.S., as an employee, was prepared to receive amnesty from the victim.