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(영문) 대전지방법원 홍성지원 2014.03.27 2012고합132

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for five years.

Reasons

Punishment of the crime

On December 16, 2005, the Defendant is a person who was sentenced to 15 years of imprisonment by the Daejeon High Court for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) and on April 27, 2006.

On February 2, 2005, around 05:30 on February 2, 2005, the Defendant, along with C, used the gap in which there is no other customer while drinking alcohol with the victim E (the age of 48), the victim E, the employee, the victim G (the age of 43), and the victim G (the age of 43).

Accordingly, as the Defendant and C demanded the victim E's drinking value, C taken out kack kack kack sack sack sack sack sack sack sacks prepared in advance, and left it in the part of the victim E, and then threatened the victim E, and the Defendant threatened the victim G by taking out the kack kacks prepared in advance, and by threatening the victim's G, as the kack kack kacks in the part of the victim's G, an employee who was sitting next to it.

Then, C, as a main method within the victim G, took one debit card of a new bank from the part of the victim G, forcibly takes it out, and took it out in the way of taking it back, booming the losses of the victims, forced off the clothes of the victim G, and sexual intercourse once with the victim G, rape the victim, and the defendant sexual intercourse with the victim E in the same manner.

The defendant and C continued to bring about 180,000 won in cash owned by the victim E, 1 non-fac credit card, 1 copy in Han-U.S. credit card, 2 copy in Kui Bank cash card, 1 copy in Choung Bank bank, 1 copy of passbook and 1 copy of corporate bank passbook in the main place.

Accordingly, the defendant received the victims' property in collaboration with C, and raped the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by C by a witness in the third protocol of trial;

1. Statements made by witnesses E in the fourth trial records;

1. G 1. The statement;