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(영문) 대구지방법원 2016.11.18 2016고합346

성폭력범죄의처벌및피해자보호등에관한법률위반(절도강간등)등

Text

A person shall be punished by imprisonment with prison labor for not less than six years, and imprisonment with prison labor for not more than one year for a crime of No. 2 as stated in the judgment.

Reasons

Punishment of the crime

[criminal power] On November 30, 2007, the Defendant was sentenced to three years of imprisonment with prison labor and five years of suspended execution on May 2, 2008 in the Daegu District Court for the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc.

【Criminal Facts】

1. On March 3, 2007, the Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (thief, rape, etc.) committed an intrusion to the inner room through the entrance door opened in Daegu Seo-gu D around 02:30 on March 3, 2007, through the entrance door opened in the house of the victim E (in women, 51 years old) and carried out one 1,50,000 won of cash owned by the victim.

The defendant tried to detect and rape the victim who had been locked in the face of the victim, and forced the victim to spanty of the victim, forced the victim to spanty of the victim, and has sexual intercourse once with the victim by spandeing the victim's resistance over the face of the victim.

Accordingly, the defendant invadedd the victim's residence at night, stolen the property, and raped the victim.

2. Night theft;

A. On October 29, 2009, from around 00:00 to 07:50, the Defendant invadedd the victim G located in the Daegu Northern-gu, Daegu Northern-gu, by a method that could not have known to the smallest extent, at least 5.60,00 won of the total market price of the victim’s possession in the cremation (H) 1, 1, 10,000 won check, 1,000 won check, and 80,000 won in cash.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

B. On April 1, 2016, around 02:27, the Defendant: (a) went beyond the fence of the neighboring house operated by the Victim K, Daegu Northern-guJ; (b) went up to the wall of the neighboring house; and (c) went up to the second floor of the said building, which is outside stairs of the said building, and intruded into the victim’s house, through an open entrance.

The defendant is not aware of the market price that he had left in the West, and the market price of the damaged goods is the market price.