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(영문) 대전지방법원 2017.06.15 2017고합11

성폭력범죄의처벌등에관한특례법위반(특수강도강간)

Text

A defendant shall be punished by imprisonment for nine years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant: (a) driven a motor vehicle between 21:30 to 23:30 on September 3, 2010, and discovered that the victim D (here, 20 years of age) of Russia nationality victim D (here, 20 years of age) was shaking his/her hand to catch a taxi.

The defendant shall establish a motor vehicle in front of the victim, and the defendant shall give anywhere.

“Instring the word, I had induced the victim to a school of E, who is a destination, with the mind that I would be able to flick the victim into the chief of the early stage, and to force and rape money and valuables.

The Defendant: (a) while driving a motor vehicle, cut the motor vehicle into a nearby camping place; (b) made the victim, who was seated at the steering place, prevented him from resisting the knife of a lethally weapon, as the knife knife knife knife knife knife, then cut off the bank on which the victim’s wall was placed; and (c) exempted the victim’s clothes from all of the victim’s clothes, and had sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant took the victim's property by carrying a deadly weapon, and raped the victim once.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. Complaint;

1. A criminal investigation report (specific suspect), report on occurrence of the case (general);

1. A response to a request for appraisal (2010-C-8601), ( Copy) a response to a request for appraisal (2016-C-9438), a copy of a response to a request for appraisal (2016-C-9438), a reply to a request for appraisal (2010-C-8934), a reply to a fact-finding inquiry;

1. Application of the provisions of Chapter III Acts and subordinate statutes to the motor vehicle license ledger, replies (Attachment to the current status of alien registration cards), such as entry and departure, and suspect photographs interviewed by victims;

1. Article 3 (2) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 334 (2) and 297 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;