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(영문) 서울북부지방법원 2013.03.29 2012고합617
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

The facts as to the cause of the attachment order [criminal records] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) have a record of having suspended the sentence of a person who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) at the Seoul Northern District Court on June 8, 2007.

【Criminal Facts】

At around 05:00 on November 5, 2012, the Defendant: (a) obstructed the victim’s body located on the part of the victim who was under the influence of alcohol and caused the victim E (here 16 years of age) to have a lockedly expressed an desire to sleep by a mobile phone hosting, and thereby prevented the victim from leaving her body on the part of the victim who was under the influence of his/her sleep; (b) obstructed the victim from leaving her body on his/her part; and (c) obstructed the Defendant’s sexual organ by inserting the victim’s sexual organ into the part of the victim and inserting the panty, and rape the Defendant’s sexual organ into one sexual intercourse.

이후 피고인은 같은 날 08:50경 피해자가 학교에 가야한다며 나가겠다고 말하자 그곳 테이블 위에 있던 소주병을 들고 탁자를 두드리면서 “까볼까 가지마!!”라고 말하여 피해자를 도망가지 못하도록 하였고, 결국 피고인이 잠든 틈을 타서 도망하려다 발견된 피해자에게 “화나네!! 좆나 짜증나!! 니도 다른 여자들하고 다 똑같다”라고 소리치면서 피해자를 침대에 밀쳐 넘어뜨린 다음 피해자의 몸 위에 올라타 어깨를 눌러 움직이지 못하게 하면서 양손으로 바지와 팬티를 벗기는 등 반항을 억압한 후 피고인의 성기를 피해자의 음부에 삽입하여 1회 간음하여 강간하였다.

[Facts constituting the ground for an attachment order] The Defendant is found to have committed sexual crimes on at least two occasions, thereby committing such crimes, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (12 reported details, details of arrest of flagrant offenders, etc.), and explanatory documents (the results of appraisal and investigation reports of the National Institute of Scientific Investigation and Investigation);

1. A detailed statement on handling 112 reported cases;

1. A photograph of the scene of occurrence;

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