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(영문) 창원지방법원 진주지원 2016.09.08 2015고합160
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 45) were in de facto marital relationship from October 19, 2014 to December 20 of the same year.

1. Damage to property;

A. At around 21:00 on December 15, 2014, the Defendant destroyed the victim’s residence on the D2nd floor in Jinju-si, by walking away the entrance glass equivalent to KRW 40,00,00 in the market price managed by the victim, on the ground that he/she refused to demand the payment of the card to the victim.

B. At around 01:00 on January 13, 2015, the Defendant: (a) expressed the Defendant’s credit card, etc. on the floor, etc. at the F main point located in Jinju-si, which was operated by the Victim; (b) and (c) took a bath to the Victim, for the reason that he laid down the Defendant’s credit card, etc. on the floor, and (d) carried the Victim’s card size, chemical size, and column 2, etc. owned by the Victim in the said main point, and damaged the Victim to cover incidental repair costs by using such methods as throwing the card size, chemical size, and stick, etc. on the part of the lower part of the air container.

C. At around 01:00 on February 11, 2015, the Defendant: (a) based on the victim’s clothes located in the inside room on the ground that the victim left his own source, she then dumped the victim’s market price of KRW 4,00,000 on the victim’s clothes on the ground that the victim left his own source; (b) based on the victim’s market price of KRW 1,700,000,000,000,000 in the market price of KRW 1,000,000,000 in the market price of KRW 8,00,000 in the market price; (c) was unable to be located; (d) the Defendant damaged the property equivalent to KRW 7,90,00,00 in the market price of KRW 60,00 in the market price of KRW 4,00,00 in the market price of KRW 2,00.

2. On January 1, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) shall be the victim by opening a new wall at the place indicated in the above paragraph 1 (a) around 04:00, with a knife knife and the victim having a knife knife, which is a dangerous thing in the kitchen and the kitchen, and the victim shall be read as “unborn or a scarf,” respectively.

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