(영문) 대구지방법원 서부지원 2019.01.17 2017고합200

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(영문) 대구지방법원 서부지원 2019.01.17 2017고합200

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for probation order of this case is dismissed.

Reasons

1. On April 29, 2011, the facts constituting the facts charged and the grounds for requesting a probation order (hereinafter “defendant”) were married with Cambodia’s nationality B on the part of the Defendant and the person requesting a probation order (hereinafter “the Defendant”), and, for the purpose of viewing B and their children who are known of friendship, by inviting C (V, 22 years of age) who is female female in the Republic of Korea to live together with the Defendant’s house located in Daegu City, Seo-gu, Seogu, and the Defendant’s house located in Daegu City, Seo-gu, and E, from April 24, 2014.

In order to treat depression B, the Defendant was able to look at the victim's house on behalf of him/her, while going through a factory on behalf of him/her, and the period of stay in Korea has become bad for the victim.

When the Defendant does not work within the family as his/her own intent, he/she assault B, assaults B, threatens B with knife and knife with the victim and B, commits an brue act, such as taking the victim and B, and incidentally, and, from time to time, threatens the victim to send his/her words to a mental hospital, “I am unable to send them to the mental hospital. I are sending them to Cambodia,” and the victim was in a situation where it was difficult for the victim to resist by any other means.

Accordingly, the Defendant, taking advantage of the foregoing situation, was able to rape the victim.

Around October 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Violence Crimes (Rape in Relatives) said that the victim who was divingd (at the time 21 years of age was demanded to engage in a sexual intercourse, but the victim refused such a request and rejected the request, and thereby the victim “I am able to attend the factory without hearing the horses at the time, and send it to Cambodia. I do not call to the hospital, and will not help the family members of Cambodia.”

The defendant is placed on the floor of a drinking victim, and the victim is likely to occur.

유사 판례

-대구지방법원 2015.10.16 2015고합256

-청주지방법원 2013.11.29 2013고단719

-대전지방법원 논산지원 2016.11.18 2016고단289

-대구지방법원 2015.09.23 2015고정1830

-광주지방법원 2018.04.05 2016가단519619 (1)