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(영문) 인천지방법원 부천지원 2015.01.16 2014고합141
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. Although there are differences between the victim’s initial police statement and some testimony at the court about the time of sexual assault and the determination of the loss or death of the victim in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the first police statement and the testimony at the court are judged to correspond to the factual relations, since the testimony at the first police meeting more than the statutory testimony made after the seven years have passed, the crime

On August 29, 2007, the Defendant found the victim E (the age 26) (the age 26) who was seated in the string in the process of a meeting with the fluorites in which the trade name in the luminous time is unknown, and followed the victim after completing the drinking place.

At around 05:00 on the same day, the victim’s behavior outside of the boiler room was removed, and then intrudes on the victim’s residence after opening the boiler screen, and then intrudes on the victim’s eye and in his/her mouth, the victim’s body was removed from the victim’s body, and the victim’s resistance was threatened with the victim’s behavior.

B. A special robbery Defendant invaded the victim’s house at the above time and at the above place, raped the victim, and imprisoned the victim’s grandchildren and satisfe the victim’s resistance by suppressing the victim’s resistance, and took the cash amounting to KRW 450,000 and the optical Credit Union cash card owned by the victim.

C. At around 05:53 on August 29, 2007, the Defendant: (a) around 05:53 on August 29, 2007, at the age, cash payment machines opened Guro-gu Seoul, and located in the dong

The cash card of the victim taken by force, such as paragraph (1), was withdrawn from 370,000 won in cash owned by the victim's optical Credit Union twice and stolen it.

2. Defendant B contact with A through the “NE” hosting, which is a smartphone hosting site, and then met from around 16:00 on June 25, 2014.

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