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(영문) 인천지방법원 부천지원 2014.12.05 2014고합210

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for five years.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to three years in Seoul High Court on April 17, 2009 to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and had the same kind of power, such as the termination of the execution of the sentence in an Ansan prison on August 1, 201.

【Criminal Facts】

At around 00:00 on September 18, 2014, the Defendant discovered the victim D (at the age of 29 years) who was under the influence of alcohol in Seocheon-gu, Seocheon-si C, Seocheon-gu, 2014, followed by the Defendant’s fear of rape and following the victim.

At around 00:10 on the same day, the Defendant entered a kitchen via a bera window, which was not corrected at the place of residence of the victim, and took a knife, a dangerous weapon (22 cm in total length, 11.5 cm in length, 11.5 cm in length), which was in a water reservoir, and detained the victim’s face at the inside, by threatening the knife with the knife, and led the victim to rape once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

[Judgment of the court below] The Defendant committed a sexual crime and thereby, committed a sexual crime again within 10 years from the completion of the execution of a sentence to imprisonment with prison labor for a sexual crime as above, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Written appraisal;

1. Report on investigation by police (verification of the time involved in the crime against the victim, CCTV confirmation, and fingerprinting of the suspect);

1. Previous records: Criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. The risk of recidivism of light from the damps as indicated in the judgment: The following circumstances recognized by each of the above evidence and the response to the request, namely, ① the risk assessment of recidivism of the Defendant’s sexual offender at the level of 13 points as a result of the risk assessment of recidivism of the Korean type of sexual offender, and the risk of recidivism at the level of 12 points in total as a result of the assessment of the risk of recidivism of the sexual offender at the level of 13 points.