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(영문) 광주지방법원 순천지원 2014.07.10 2014고합104
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

The defendant shall be exempted from punishment.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

On May 14, 2003, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to one year of imprisonment with prison labor for special larceny, etc. and two years of suspension of execution. On August 28, 2003, the Gwangju District Court sentenced two years and six months of imprisonment with prison labor for robbery, injury by robbery, etc. and two years of short-term years at the Gwangju District Court on January 15, 2004, which became final and conclusive on November 30, 2006 and were released on November 30, 2006, and the remaining term of imprisonment with prison labor for the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery) was expired. On November 8, 2007, the Seoul High Court sentenced ten years to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc.

【Criminal Facts】

On January 23, 2007, the Defendant and C were getting on a stolen taxi at around 01:20, and discovered the victim D (n, 39 years of age) in front of the exit of 1 Bolidong, Dongjak-gu, Seoul. C, who pretended to be a taxi engineer, she gets on the back seat when the Defendant disembarked from the taxi, she gets on the back seat, and the Defendant conspired to collect money after getting on the side of the victim as he gets on the front seat of the passenger.

When the victim was aboard the said taxi, C driving the said taxi, and the Defendant parked the taxi in a single place in the vicinity of the Maritime Center located in the new-ro Dong in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, by threatening the victim to force the victim to “if he does not refuse to kill, she shall only be allowed to do so.” After suppressing the victim’s resistance, the Defendant forced the victim to force 135,000 won in cash, which was located in the victim’s bank, and continuously transferred C to the back seat of the taxi between the si, in which the Defendant deemed to have been dead from the taxi, and threatened the victim with the victim’s resistance, and led the victim to have sexual intercourse once with the victim, getting off the kis and the clothes of the victim.

Accordingly, the defendant together with C is the victim's property.

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