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(영문) 수원지방법원 2012.11.15 2012고합445
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the Act on Special Cases Concerning the Punishment of Sexual Crimes.

Reasons

Punishment of the crime

1. On April 7, 2012, around 23:50, the Defendant, in the residence of D’s mother victim E (n, 75 years old) who had an internal relationship with the Defendant in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sung-gu, Seoul, and the Defendant, despite D’s demand that D move back to the Defendant’s home on the ground that D does not contact the Defendant, the Defendant would have a front door of the said residence and that the victim would return to the Defendant’s home, “I would wish to die at home”, “I would have gone back at any time”, and “I would have to open the door and answer.”

The Gu refused to comply with the Gu.

2. 정보통신망 이용촉진 및 정보보호 등에 관한 법률 위반 피고인은 2012. 4. 8. 02:12경 성남시 중원구 C 부근에서 피해자 D가 피고인의 연락을 받지 아니하는 것에 대하여 화가 나 피고인의 휴대전화를 이용하여 피해자의 휴대전화로 “칼 다 어따뒀어 이 씨발년아 넌 인간 아니야”라는 내용의 문자메시지를 전송한 것을 비롯하여 그 무렵부터 같은 날 08:09경까지 별지 범죄일람표 기재와 같은 내용의 문자메시지를 14회에 걸쳐 피해자에게 전송하였다.

Accordingly, the Defendant repeatedly reached the victim with the language that arouses fear or apprehension through the information and communications network.

3. On April 8, 2012, the Defendant violated the Punishment of Violences, etc. Act (such as destruction of property, such as group, deadly weapons, etc.) caused damage to the victim E’s dwelling at around 05:00, on the ground that D was a dangerous object around the above dwelling area on the ground that D does not have a contact with the Defendant, and damaged two copies of the windows of 200,000 won of the market value of the victim’s possession, which is the victim’s window, on the ground that D was a dangerous object around the above dwelling area on the ground that D was not a contact with the Defendant.

4. On April 8, 2012, at around 13:30 on April 13, 2012, the Defendant was living in the victim E’s residence as described in paragraph (1), and the Defendant was able to find D to avoid a harm and injury by finding D as the Defendant was not in contact with the Defendant, and the Defendant’s entrance through the above residential gate.

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