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(영문) 부산지방법원 2014.07.25 2014고합221

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Criminal facts

The facts constituting the cause of the request for attachment order [criminal facts] The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") are the person who was sentenced to imprisonment with prison labor for a crime of extortion, etc. at the Ulsan District Court on February 1, 2013 and completed the execution of the sentence on September 19, 2013.

1. Around 01:50 on March 13, 2014, the Defendant violated the Special Act on the Punishment, etc. of Sexual Crimes (Special Rape) caused the victim to resist the victim by leaving the main entrance door in order to rape the victim at his/her main entrance while drinking alcohol at his/her main entrance, leaving the main entrance door in order to sleep the victim, leaving the victim at his/her hand at his/her hand, leaving the knife with the victim’s knife at the victim’s knife, leaving the knife (21cc in the knife length), leaving the knife, knife, knife, knife, knife, knife, knife, knife, knife.).

However, around that time, F, which was the son of the victim, did not commit rape but did not commit rape on the wind, which was about to open the above main entrance and to enter the said main entrance.

2. The Defendant was issued KRW 50,00 in cash from the victim on the ground that, as the Defendant was unable to rape as described in the preceding paragraph, the Defendant stated that “I would drink more than 50,000 won” to the victim who had been unable to resist at that time.”

Accordingly, the Defendant took the 50,000 won of money owned by the victim by taking advantage of the victim's state of difficulty to resist.

[Judgment of the court below] The defendant was sentenced to 2 years and six months from September 16, 1993 by the Busan High Court for the crime of rape, and the above judgment became final and conclusive on September 16, 1993. On June 23, 1994, the Busan High Court sentenced 2 years and six months from imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (special rape, etc.) and the above judgment became final and conclusive on June 30, 1994.

As above, the Defendant is found to have committed sexual crimes more than twice.