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(영문) 수원지방법원 안산지원 2013.12.27 2013고합295
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 2012, the Defendant, upon the introduction of a branch, continuously hedging and requested the victim C (n, 42 years of age) from May 2013 to move in as an internal relationship, and committed a crime in the following order with respect to the dissatisfaction.

1. Suppression;

A. On May 8, 2013, the Defendant: (a) threatened the victim’s house of the Defendant, the Nam-gu Incheon Metropolitan City, No. 302, that “I would know about the Defendant’s seat to her husband; (b) caused the Plaintiff to be cut off without paying the mobile phone charges; and (c) caused the Defendant to pay KRW 22,690 of the Defendant’s mobile phone usage fees on the same day to the victim, thereby obtaining pecuniary benefits equivalent to the same amount.

B. At around 11:30 on June 5, 2013, the Defendant, at the above Defendant’s house, threatened the victim’s “on the part of the Defendant’s house, 5 million won in cash, without informing his husband of the fact that he is in need of money,” and 2 million won in cash from the victim who was drinking, and 11:00 on July 11, 2013, 200 won in cash, within the victim’s vehicle parked in front of the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon.

2. On June 30, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) entered the said Defendant’s house from around 13:00 to 14:00 on June 30, 2013, and brought about a knife, which is a dangerous object in the main room, after opening up the door, brought about a knife, and released on the room. The Defendant asked the victim “whether there is another man or not,” and asked the victim for a sexual intercourse, but the victim was refused to demand the sexual intercourse, and the remaining “the dead person’s knife” was called as “the dead person’s knife,” and led the victim to impossible to resist, forced off clothes, added the knife into the body of the victim, thereby committing rape once.

3. A defendant who violates the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) shall be confined to around 03:0 on August 31, 2013.

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