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(영문) 인천지방법원 부천지원 2020.01.17 2019고합241

특정범죄가중처벌등에관한법률위반(강도상해등재범)

Text

A defendant shall be punished by imprisonment for twenty years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On April 30, 191, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a three-year suspended sentence on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Special Rape) by the Incheon District Court on May 8, 191. The judgment became final and conclusive on August 23, 1994. On August 23, 1994, the Seoul High Court sentenced 12 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) and completed the execution of the sentence on November 28, 2008. On July 5, 2019, the Incheon District Court sentenced the 4 months suspended sentence to a two-year suspended sentence on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Sexual Crimes (Indecent at an open place) at the Incheon District Court on July 13, 2019.

【Criminal Facts】

At around 12:30 on April 10, 209, the Defendant invadedd the victim C (a name, 29 years of age)’s residence in Bupyeong-si B by using a door open with him, and then reconciled the victim’s two arms in front of preparation, threatening the victim with excessive directions, and then deducted the victim’s two arms from 90,000 won in cash and 100,000 won in cash from the drinking victim.

On the other hand, the Defendant continued to be exposed with a deadly weapon, placed the victim who is forced to resist, and covered the victim's face, and exceeded the victim's clothes once, and raped.

Accordingly, the Defendant was sentenced to punishment for robbery and rape, and again committed robbery and rape within three years after the completion of the sentence.

[Fact that constitutes a ground for attachment order] The Defendant was sentenced to imprisonment due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery and Rape), etc. of this case, which is a sexual crime, and committed a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery, Injury, etc.) within 10 years after the completion of the execution of the sentence, and committed a sexual crime twice or more,

(i) the evidence;