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(영문) 서울북부지방법원 2015.11.06 2015고합195
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Ma195" and "35 years of age") married with the victim C (math, 35 years of age) on or around 2003. Even after the divorce was made on or around 2012, the defendant continued to come to and go from the issue of children, and tried to harmonize with the victim until recently.

On June 2015, the defendant knew the fact that the victim makes a teaching system with another male, and requested the victim to hedge it, but the victim refused it and the victim refused it.

At around 13:30 on June 23, 2015, the Defendant demanded the victim to “the victim’s house located in the D apartment located in Gangnam-gu Seoul Metropolitan Government (Seoul) to “the victim’s house is hedged with the person, and the Na and the judgment are defective,” but was rejected by the victim.

이에 화가 나, 피고인은 피해자를 강간하기로 마음먹고, 현관문을 잠근 다음 그곳 거실에 있던 위험한 물건인 과도(전체 길이 24.5cm, 칼날 길이 13cm)를 피해자에게 들이대고 “걸레 같은 년, 죽여버린다, 너가 나를 우습게 보냐, 가만히 안 두겠다”라는 등 협박을 하고, 손으로 피해자의 머리를 수회 때리고 발로 피해자의 몸을 찼다.

피고인은 계속하여 그곳에 있던 위험한 물건인 소주병을 들고 피해자를 향해 내리칠 듯한 시늉을 하고, 도망치려는 피해자의 머리채를 붙잡아 작은방으로 데려간 다음 피해자에게 옷을 벗으라고 말하였다.

Accordingly, the victim who frightened was off of clothes, and the defendant was raped by inserting his sexual organ into the victim's sexual organ.

Accordingly, the defendant raped the victim with dangerous things.

around 01:15 on June 23, 2015, the Defendant: (a) misleads the Defendant as to the c and the victim’s front wife in front of the restaurant of “G” operated by the victim F in Gangseo-gu Seoul, Gangnam-gu, Seoul; and (b) made the franchis in that place (aro approximately 20 cm, about 20 cm, about 20 cm, about 15 cm, about 20 cm, about 20 cm, about 15 cm thick) of the front glass window of the said restaurant owned by the victim.

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