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(영문) 인천지방법원 부천지원 2013.09.13 2013고합119

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on May 30, 2013, the Defendant became aware of the victim D (n, 15 years of age) through NAV C Caf.

1. Around 02:00 on May 30, 2013, the Defendant: (a) laid the victim into a Genetop vehicle owned by the Defendant in front of the F Terminal located in Seocheon-gu, Young-si; (b) had the victim expressed in mind that the victim would rape in the Iridge parking lot located in Seocheon-gu, Seocheon-gu, Seocheon-si; (c) had the victim’s face taken by drinking at drinking, using a knife and tape; (d) had a knife the victim’s hand and the knife using a knife and tape; and (e) had sexual intercourse once with the victim by threatening the victim.

As a result, the defendant raped the victim who is a juvenile through violence or intimidation with deadly weapons or other dangerous objects.

2. On May 30, 2013, at around 03:00, the Defendant was requested by the victim to get off the sirend vehicle located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant was unable to get off the vehicle for about 2 hours by leaving the victim at the victim’s right gate, and putting the victim on the front of the Defendant’s house located in the troke-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 0:30 on the same day, 5.3 km from the vehicle.

Accordingly, the defendant detained the victim.

3. At around 05:30 on May 30, 2013, the Defendant: (a) parked a siren vehicle in front of the Defendant’s house located in Seocheon-gu J, Seocheon-gu; and (b) took advantage of the fact that the victim was able to resist with his/her hands, as in the foregoing paragraph (2), and took advantage of the fact that he/she was unable to resist with his/her hand, and then deducted him/her of one cell phone and one cell phone owned by the victim.

Accordingly, the defendant took the victim's property by force.

Summary of Evidence

1. Defendant's legal statement;

1. Preparation of the original police station;