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(영문) 대전지방법원 천안지원 2014.07.16 2014고합105
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for four years.

The excessive one (Evidence No. 1) seized shall be confiscated from the accused.

Reasons

Criminal facts

On June 28, 2002, the Defendant was sentenced to imprisonment for three years and six months for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, Injury by Rape, etc.) in the Daejeon District Court's Branch Branch of the Daejeon District Court on June 28, 200, and the parole on May 13, 2005 and the parole period passed on July 17, 2005 during the execution of the sentence.

【Criminal Facts】

The defendant is a relative between the victim C (mast, 32 years of age) and the father and the wife.

At around 05:00 on June 2, 2014, the Defendant, at his own place of residence located in Asan City D Apartment 104, had the victim feel sexual intercourse by reporting the victim who was divingd in the show of the living room, and had the victim enter the kitchen with the victim, who was in the kitchen in order to suppress the victim's resistance (the blade length 10cm, No. 10cm, No. 1). In order to suppress the victim's resistance, the Defendant, while holding the victim's buckbucks and bucks, followed the Defendant's act by the victim's shicking sound from the lock, the victim's wife, and the Defendant's wife who was faced by it, was frighted with the Defendant's act, and the victim's humbling, "hum hum hum hum hum humb hum humb humb hum humb.".

The Defendant, while ging at his place, threatened the victim, “I am off, unless I do so, I am off, and kn if I am off, I am kn if I am off, I am kn kn if I am off, I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't

[Judgment of the court below] The Defendant, as above, committed a sexual crime within 10 years after the completion of the sentence to imprisonment with prison labor for a sexual crime, and committed a sexual crime twice or more, thereby resulting in the recidivism. The Defendant committed a sexual crime in light of the circumstances of the crime, similarity of the method of the crime, and character and conduct of the Defendant.

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