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(영문) 대구지방법원 김천지원 2015.10.27 2015고합46

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)

Text

Defendant

A shall be punished by imprisonment for eight years.

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

Reasons

Punishment of the crime

[Criminal Power] On October 17, 2014, Defendant A was sentenced to two years of suspension of the execution of six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Ulsan District Court on the grounds that Defendant A violated the Punishment of Violences, etc. Act. The judgment became final and conclusive on October 25, 2014

【Criminal Facts】

Defendant

A, on November 22, 2005, around 21:00, at a white car driven by the Defendant A, parked on the front door of G in the Gu-U.S., the Gu-si, and around 21:00, at a white car driven by the Defendant A, who was standing on the front door of G in the Gu-si, the person who was on the name is seated on the front door, and the victim H (the age 20) who is an employee, was delivered 2 juice juice juice ju

Since then, Defendant A driving the said car, and the name-free person in the name of Defendant A told that he opened an Arabic door beyond the back seat, and read, “Is the door,” “Is the eye, Is the eye, Is the face and head of the victim 10 times, and 30 times as a shot, etc., so that he could not go against the victim by taking 30 times due to the shot, etc., then he taken 250,000 won in cash from the victim and one cell phone distribution on the market price.

On the other hand, the person who was unable to use his name had the victim suffered, teared the panty, exceeded the panty, and had the victim sexual intercourse once.

Since then, Defendant A, who was on board the back seat of the vehicle, was sexual intercourse with the victim who was at the suppression of resistance due to the above violence while driving the vehicle.

As a result, Defendant A forcibly taken the victim's property and raped the victim in collaboration with the person who was not injured in his name.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness H;

1. The police statement of H;

1. Each investigation report (referring to the investigation of the other party of the victim H, the attachment of a photo for on-site verification), and photographs at each site;

1. Notification of the current status of the same person as a result of comparison with the DDA-DB, and request for genetic appraisal;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to crimes A against a suspect), and application of Acts and subordinate statutes of judgment;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes;