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(영문) 수원지방법원 2013.07.02 2013고합282

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Criminal facts

On March 10, 2005, the Defendant was sentenced to a suspended sentence of two years for larceny, etc. at the Seoul Western District Court on March 10, 2005. The judgment became final and conclusive on March 18, 2005. On May 6, 2005, the Suwon District Court sentenced the Defendant to six years of imprisonment for violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, rape, etc.).

【Criminal Facts】

The Defendant, together with C, conspired with C to take money and valuables against a female returning home, and to rape the female.

Accordingly, on December 22, 2004, C driving two passenger cars with no number of gallon that is unknown at 22:00 on December 22, 2004, and the Defendant was found to have set up a vehicle in front of the E Center located in GU in the wife population D after he gets on the top of the above vehicle, and the victim F (F, 17 years of age at that time) was set off from the village bus while embling the object of crime.

As the Defendants used the above vehicle to drive approximately 30 meters away from the victim, and the human body reaches a rare place, the Defendants stated that the two arms of the victim should be cut from both sides of the vehicle and the victim should be prevented from suffering, and that they were forced to take the victim into the rear side of the vehicle.

While C continues to drive the above vehicle to move back to a H high school located in the wife population G at the permissible time, the Defendant, after leaving the victim's face from the rear side of the above vehicle, putting the victim's face more than several times and binding the victim's arms in front to the Cheong tape prepared in advance, and threatening the victim's knife "if she does not want to break as other persons from TV, as she would be seen, she will only go back", and prevented the victim from resisting the victim's left hand in advance with the knife (17 cm in total length, 10 cm in knife length) prepared in advance. On the same day, the Defendant went back to the H High School at around 22:20 on the same day.

At this point, C shall be off the clothes of the victim and shall have the victim put his sexual organ into the victim's entrance.