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(영문) 인천지방법원 2014.09.26 2014고합505
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On May 28, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) has been living together with the victim C (or 23 years of age) who is a female living together in his/her residence located in Bupyeong-gu Incheon, Incheon around 02:30.

In order to rape one's own victim.

The Defendant gets off the main body (Evidence No. 3), which is a dangerous object in the state of being in the state of Washington, and tried to cut off the part of half-string straws, in which the Defendant was suffering from the victim, “I see how I am well.”

On the other hand, even though titrts were trying to walk above the police, they were continuously resisted and trying to get off the front door of the defense room at this time, and the victim was not able to get off the front door of the defense room and to report it to the police.

As a result, the defendant tried to rape the victim while carrying dangerous objects, but the victim resisted and failed to achieve his intention.

2. When the victim tried to report to the police at the place as stated in the above Paragraph (1) above, the Defendant damaged the property and the victim was using a toilet by reducing the victim’s market value equivalent to 95,000 won owned by the victim.

Accordingly, the defendant damaged the property owned by the victim and harmed its utility.

3. The Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) committed an act in violation of paragraph (1) of the same Article, while continuing to follow a report by the victim to the police at the time and place specified in paragraph (1) of the same Article, the victim took away from the windows, and threatened the victim with excessive (Evidence No. 2) which is a deadly weapon in the face of the kitchen scam, and brupted with him/her as if he/she were.

As a result, the Defendant, while carrying a deadly weapon, expressed the attitude of posing any harm to the body of the victim, and threatened the victim.

4. The punishment of violence, etc.;

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