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(영문) 부산지방법원 2017.01.20 2016고합626
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등
Text

A defendant shall be punished by imprisonment for nine years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 15, 2001, the Busan District Court sentenced the defendant and the requester for an attachment order (hereinafter referred to as "defendant") to one year and six months of imprisonment on September 11, 2003 and completed the execution of the sentence.

[Criminal facts]

1. The Defendant conspired to rape a woman who intrudes on the residence of another person and who violated the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (special rape, etc.).

On June 19, 2004, at around 05:30 on June 19, 2004, the Defendant was in the house of the victim E (n, 30 years of age) located in Guro-gu Seoul Metropolitan Government D, and was sleeped with C in advance, and then removed the toilet window, and intruded into the house.

C The knife with a knife, which is a deadly weapon in the kitchen at the victim's side of the bed while living in the bed, and the knife is "brue".

The knife may vary.

It shall be thrown away by death of sound ar.

“In doing so, she did not resist the victim’s entrance with physical injury, she was unable to resist his/her hands, she was off the victim’s clothes, and she was in sexual intercourse once by inserting his/her sexual organ behind, and then, the Defendant had sexual intercourse by inserting his/her sexual organ behind the victim, etc., who was raped with C and who was in a state of non-competence.

Accordingly, the defendant raped the victim in collaboration with C.

2. The Defendant took the 300,000 won in cash owned by the victim and 14K gold bars equivalent to the market value of KRW 50,000 in cash owned by the victim and 50,000 in a place between the date and time of paragraph 1, at the place where the victim was unable to resist with C.

3. The Defendant who attempted a special robbery shall throw away the victim F (n, 31 years of age) who was diving with C at the time, time, place, and place specified in paragraph 1, together with C, with C, “I will die in sound.”

“..........”

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