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(영문) 서울남부지방법원 2016.03.24 2015고합332

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant's disclosure information is made through the information and communications network between 10 years.

Reasons

Punishment of the crime

On June 2, 1995, the Defendant was released from the original prison on December 24, 2003 and the parole period passed on November 24, 2004, and on March 26, 2009, the Daejeon High Court sentenced 8 years to imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (special rape, etc.) at the Seoul High Court on April 3, 2009.

On October 10, 2005, the Defendant invadedd the victim (V, 26 years of age) on the second floor, Yeongdeungpo-gu Seoul Metropolitan Government C2’s residence by an influence method, and black the stolen object.

The Defendant, who was the scam of a scam, committed assault, such as threatening the victim to “Scambling, scambling,” and threatening the victim’s body by scam on the part of the victim, who was on the part of the victim, by taking advantage of the victim’s scambling, which is a dangerous object in the main room.

Although the Defendant tried to rape the victim by getting off the victim from the right of the victim after preventing the victim from resisting, the Defendant was not able to get out of the victim’s hacker, but failed to bring the victim’s hacker.

Since then, the Defendant took a 100,000 won check, which was owned by the victim, and 60,000 won in cash, from the victim in an impossible state of resistance.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police on the police;

1. Results of appraisal, fingerprinting, photographing and fingerprinting at the scene of crime;

1. References to factual inquiries;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), personal identifications, and the current status of expropriations;

1. Pursuant to Article 4 of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 5(10) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (Act No. 10258, Apr. 15, 2010), the Act on the Protection, etc. of Victims of Sexual Crimes under Article 5(10) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010).