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(영문) 서울중앙지방법원 2013.09.12 2013고합332
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

A defendant shall be punished by imprisonment for eight years.

disclosure and notification of information on the accused for a period of ten years;

, however, subject.

Reasons

Criminal facts

The facts of the cause of the request for attachment order and the attachment order [criminal power and mental and physical disability] Defendant and the requester for attachment order (hereinafter referred to as Defendant, Defendant, etc.) were sentenced to six months of imprisonment for the crime of indecent act by force on December 14, 2007, and on November 18, 201, Incheon District Court sentenced one year and six months of imprisonment for larceny, etc. at the Incheon District Court on November 29, 201 and completed the execution of the sentence at the Incheon Detention House on November 29, 2012, and a person who lacks the ability to discern things or make decisions due to stimulative disorder, etc.

Defendant

In addition, although the defendant asserts that the defendant had reached the state of mental disorder at the time of each of the crimes in this case, according to the evidence in the summary of the evidence below, it is not recognized that the defendant reached mental disorder beyond mental and physical disability, and thus the above argument is not accepted

[2013Gohap32]

1. Around 03:00 on March 25, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.) and the injury by robbery: (a) ordered the Victim C’s Operation in Gwanak-gu, Seoul Special Metropolitan City to pay the alcohol value to the Victim; (b) in the state of absence of the ability to pay the alcohol value, the Defendant placed the Victim’s head on the floor by making an order of the Victim’s total market value of KRW 97,00,00, such as the two-way disease and the one with whom the Victim is demanded to pay the alcohol value; and (c) made a check of the Victim’s head on the table.

As such, the Defendant assaulted the victim with the intent to be exempted from the obligation to pay the drinking value equivalent to KRW 97,00, and continued to commit sexual intercourse with the victim by threatening the victim “on the part of his clothes, she shall die, and she shall die if she is off his/her clothes, she shall die, and she is off his/her clothes.”

The Defendant assaulted the victim, thereby forcibly taking advantage of the pecuniary benefits equivalent to KRW 97,00, rapes the victim, and simultaneously treating the victim for about 28 days.

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