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(영문) 수원지방법원 2013.12.10 2013고합356
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

Imprisonment with prison labor for each of the crimes of Articles 1 through 5 in the judgment of the defendant, and for each of the crimes of Articles 6 and 7 in the judgment of the court below.

Reasons

Criminal facts

【Criminal Power】 The Defendant was sentenced to imprisonment for a short term of five years with prison labor for robbery, rape, etc. in the Red Branch of the Daejeon District Court on February 14, 1984, and on March 28, 1995, the Seoul High Court sentenced 10 years to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof, etc. on August 13, 2004, and completed the execution of the sentence on March 29, 2007, and was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) by the Suwon District Court on June 14, 2007, and completed the execution of the sentence on August 18, 2008.

【Criminal Facts】 2013 High 356】

1. On April 27, 2005, the Defendant: (a) around 00:50 on April 27, 2005, on the house of the victim D (at the time, 25 years old) located in Ansan-gu, Ansan-si C; (b) worn a scke and a stock farm bed; and (c) carried the scke and a stock farm bed with a deadly weapon that was prepared in advance, and carried the 2nd floor bed and opened a window of the second floor, and invaded into the said house, and went to the inside of the victim on the third floor.

피고인은 잠을 자고 있던 피해자에게 다가가 위 칼을 들이대고 손으로 입을 틀어막으며 “너희 엄마, 아빠 다 내가 묶어 놨어, 그리고 여기 나 혼자 온 것도 아니고 일행들도 아래층에 있으니까 소리치지 마.”라고 말하고, 피해자를 엎드리게 한 후 이불을 얼굴에 뒤집어씌운 다음 그곳 장롱에 있던 스카프로 피해자의 손목과 발목을 묶어 결박하고, 옷을 묶는 줄로 피해자의 입을 막아 피해자를 항거불능하게 하였다.

After that, the Defendant took away KRW 17,000 in cash owned by the victim from the victim's home at the victim's home, and knife the victim's panty and panty, and raped the victim by having sexual intercourse once.

Accordingly, the defendant, carrying a deadly weapon, forcibly taken the victim's property by threatening the victim D, and raped the victim.

2. The Defendant committed around August 28, 2005, Seoul around 03:00 on August 28, 2005.

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