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(영문) 부산지방법원 2014.05.30 2012고합1234

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)

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A defendant shall be punished by imprisonment for ten years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Punishment of the crime

【Criminal Power】 On March 24, 2008, the Defendant was released on August 14, 2009, when he was sentenced to two years of imprisonment for special larceny, etc. at the Daegu District Court, and the remaining term of imprisonment has expired on September 25, 2009. On October 28, 2010, the Defendant was sentenced to five years of imprisonment for robbery, injury, etc. at the Seoul High Court, and the said judgment became final and conclusive on December 24, 2010.

【Criminal Facts of Crimes】 On April 7, 2010, at around 15:10, the Defendant: (a) intruded into the living room through the window of the living room, which was not corrected at the age of 202, Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) threatened the victim with a deadly weapon in advance while holding it in the part of the victim; and (c) putting the victim’s arms and legs into the inner part; (d) putting the victim’s arms and legs into the inner part; and (e) putting the victim’s children together with the victim into the inner part; and (e) putting the arms and legs into the bridge by combining them with the arms and legs.

The Defendant, as above, 50,000 won in cash owned by the victim at a suppression of reflective resistance, and 1,00,000 won in the market price, and 50,000 won in gold bars equivalent to 30,000 won in the market price, and 1,00,000 won in the market price, and 80,000,000 won in total in the market price, such as a set of Damonmon bal, etc. which is equivalent to 30,000,000 won in the market price, were forcibly taken by cutting off the precious metal equivalent to 30,000,000 won in the market price of the victim, and she was raped by taking the victim’s bridge, she was able to rape with the victim’s clothes, and she was rape by sexual intercourse once.

Accordingly, the defendant took the victim's property by carrying a deadly weapon, and raped the victim.

Summary of Evidence

1. Statement made to D by the police;

1. A copy of the seizure records and the list of seizure;

1. Each investigation report (the sequence 20, 30, 34, 36, 39 of the evidence list);

1. Each site appointment site (Evidence Nos. 2, 21, 24, 27, 35 in the Evidence List), each request for appraisal (Evidence Nos. 4, 12 in the Evidence List);