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(영문) 서울동부지방법원 2013.06.27 2013고합123

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On August 17, 2010, the Defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution by the Suwon District Court on August 17, 2010, and the judgment became final and conclusive on August 25, 2010.

Around 03:00 on August 15, 2010, the Defendant removed a window for the purpose of crime prevention installed in a toilet from a hand, opened a window after opening it, and intruded into it through a toilet at around 03:0 on the front of the Bail in Songpa-gu Seoul Metropolitan Government (n, 31 years of age), and then forced the victim to have his panty over his face, cut off his her clothes with a tool with which the victim’s identity cannot be known to the victim, and forced the victim to have his panty over his panty, and forced the victim to have sexual intercourse twice by force.

As above, the Defendant invadedd the victim’s residence and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the current status of persons who coincide with the results of the comparison with the DNA-DB, site management sites, and reporting on the occurrence of rape;

1. On-site photographs;

1. Previous records of judgment: Criminal records, investigation reports (report attached thereto, such as a copy of written judgment), and application of two copies of written judgment and other Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter referred to as “former Criminal Act”) [The main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 11574, Apr. 15, 2010; hereinafter referred to as “former Criminal Act”) concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) subject to an disclosure order

1. Act No. 17 January 17, 2012 on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on the Punishment, etc. of Sexual Crimes.