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(영문) 대구지방법원 안동지원 2016.12.22 2016고합47
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On February 14, 2003, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") were sentenced to four years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. under thirteen years of age) in the Daegu District Court's Ansan Branch, and completed the execution of the above sentence on November 20, 2006. On February 7, 2014, the Daegu District Court was sentenced to three years of suspended sentence for the crime of rape in the Daegu District Court's Ansan Branch, and was sentenced to three years of imprisonment for one year and six months.

【Criminal Facts】

Around 2011, the Defendant became aware of the Victim C (M, 41 years of age) who was on board a taxi as a guest while driving the taxi, followed by several police investigations by assaulting and rapeing the victim, and repeated with the victim.

1. On May 2016, 2016, the Defendant found the “E” located in the Gyeong-gun, Chungcheongnam-gun, where the victim was unable to contact the Defendant, and the victim went to work until the completion of his/her service. The victim reported that the victim went to the said company and moved to the Fudio in the Defendant’s residence, while moving to the Defendant’s address, at the same time, using the hand floor, etc. in the said vehicle.

At around 19:30 on the same day, the Defendant set a coo car in front of the Defendant’s dwelling room 202 above, carried the victim who is unable to resist due to the Defendant’s assault, set off the victim’s clothes, laid the victim’s body on the floor, pushed the victim into the victim’s body, pushed the victim’s body, pushed the victim’s resistance, and took the resistance, but sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s sexual organ.

The facts charged in this case are "after the completion of the sex relationship, it is necessary to confirm whether the victim has another male, and the victim's clothes.

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