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(영문) 수원지방법원 평택지원 2018.11.09 2018고합76
강간등
Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Criminal facts

On June 3, 2014, the Defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Suwon Gan prison on June 3, 2014, and completed the execution of the sentence on August 13, 2017.

The Defendant 2018 Gohap 76 is the space between the victim B (n, 47 years of age) and the victim’s house from December 2017 and living together for about three months.

1. On January 19, 2018, the Defendant damaged special property: (a) around 20:0 on the victim’s residence in Pyeongtaek-si C3, on the ground that the other male sent the victim’s letters; (b) on the ground that the other male sent the victim’s letters, the Defendant set off a cell phone, the market price of which is equivalent to KRW 990,00,00 in the market value, on the ground that the other male sent the victim’s letters; and (c) cut off the cell phone, which is a dangerous object, the victim’s cell phone owned by the victim at the expense of the dangerous object.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. On February 11, 2018, the Defendant forced indecent act and damage property: (a) at the place indicated in paragraph (1) around 20:00; (b) on the ground that another male sent a sexual picture to the victim; (c) on the ground that another male sent his/her sexual picture to the victim; (d) on the ground that he/she forced the victim to shotly commit an indecent act by using an electric tool at that place; and (e) on his/her hand, he/she destroyed the property owned by the victim, namely, a knicker owned by the victim at the market price in which he/she was in his/her possession.

3. A rape: (a) on February 12, 2018, at around 02:00, the Defendant: (b) on the same ground as indicated in paragraph (1); (c) on the ground as indicated in paragraph (2); (d) on the flag of the victim’s head debt, fladled the victim’s chest by putting the victim’s chest into a negative part of the victim; and (d) continuously inserting the victim’s chest into a negative part of the victim’s chest; and (e) continuously inserting the Defendant’s hair into a negative part of the victim’s flag; and (e) harming the victim’s sexual organ on the part of the victim’s flag by inserting the victim’s head debt.

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