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(영문) 광주지방법원 목포지원 2016.05.12 2015고합183
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant became aware of the victim C (30 years of age) using smartphone-making display, and the victim was aware of the fact that he was a woman while making a teaching system with knowledge of the fact that he was a woman, and became aware of the fact that he was a woman.

[Criminal facts]

1. On July 27, 2015, the Defendant detained the victim by barring the victim from leaving the said dormitory until around 18:00 on the same day, such as hiding the fact that the victim was a woman before the new apartment located in the South-Namnam-gun, Chungcheongnam-gun, west-gun, in the name of the defendant, and leaving the company dormitory of E 202 Dong 407, where the defendant living in South-Namnam-gun, and demanding the victim to leave the said dormitory at the same place, but he was asked by the victim to take the victim back to the company dormitory of E 202 Dong 407, in which the defendant living in the South-Namnam-gun, and preventing the victim from getting out of the said dormitory.

2. A special intimidation: (a) around 13:00 on July 27, 2015, the Defendant collected a knife, as described in paragraph 1, at the place indicated in paragraph 1, which is a dangerous object that was located in the main room; and (b) took knife the victim’s face and part of the knife; and (c) stated, “The Defendant has a knife with a bom, with a brue, and another male.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. The Defendant raped the victim at the time, at the place specified in paragraph (2) at the same time, for the said reasons as mentioned above, when the victim frights the victim's face and part of the ship, and frightened the victim's clothes by taking advantage of the victim's mind that the victim was unable to resist, and rapes the victim by inserting the victim's sexual organ into the part of the victim's sound, and continuously inserting the victim's sexual organ into the part of the victim's sound, by inserting the victim's sexual organ into the part of the victim's sound, and then harming the victim by inserting the victim's finger, and then putting the victim's finger to the part of the victim's seat and part of the ship.

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