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(영문) 광주지방법원 2014.02.13 2013고합443
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간등)등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for seven years;

The information on the accused shall be disclosed for ten years, and it shall be for ten years.

Reasons

Criminal facts

1. On November 23, 2007, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the pure support of the Gwangju District Court, and completed the execution of the sentence on August 5, 2008.

피고인은 2008. 11. 중순 동생 B로부터 그의 부인인 피해자 D(여, E생, 캄보디아 출신)이 가출하여 전남 승주군 F에 있는 ‘G식당’에서 일하고 있으니 피해자를 데리고 있어 달라는 부탁을 받고, 피해자를 찾아가 “남편이 계속 때려 다툼이 있으니 남편에게서 떨어져 시댁에서 살아보라.”는 취지로 말하여 피해자를 피고인의 집[전남 순천시 H]으로 데리고 와 함께 거주하게 되었다. 가.

Around November 208, 2008, the Defendant saw the victim who was locked at the defendant's house room (the date on which the victim was her house) by putting him in two arms, and went out of the room, and when the victim was set off, her resistance while she was in the kitchen, she was in the kitchen, she was in the kitchen, with a knife (15cm in length) and frighten, her frighten, and her frightened against the victim, and her resistance, her knife the knife on the floor, cut off the knife of the victim's knife, cut off the victim's knife and her clothes, cut off the victim's knife with his breast, throw away the knif, and her knife the victim's knife into the part of the victim's sexual intercourse with the victim's hand.

Accordingly, the defendant raped the victim who had a deadly weapon with him.

B. At around 08:00 on Nov. 1, 2008, the Defendant demanded the victim to have sexual intercourse at the Defendant’s house located in the Defendant’s house, but, as the victim refused, the victim was fright to drinking, and the victim “Yew, if it was within the sex relationship, it shall be discarded off.”

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