성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
[criminal record] On November 6, 2002, the defendant was sentenced to 10 years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) at the Changwon District Court on May 30, 2003, and the above judgment became final and conclusive on May 30, 2003, and on August 29, 2003, the Busan District Court sentenced 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims.
【Criminal Facts】
Around 04:00 on June 3, 200, the Defendant: (a) was a victim C (the facts charged in the crime of 22 years of age is indicated in the facts charged in the crime of 39 years of age; (b) however, according to the evidence duly admitted and investigated by this court, the victim is found to be 22 years of age at the time of committing the crime; (c) even if the victim’s age is corrected, it would not cause any substantial disadvantage to the Defendant’s exercise of the right of defense; (d) thereby infringing upon the victim’s house by taking money and valuables into account the intention of forcibly taking advantage of it.
The Defendant returned the panty of the victim who was divingd up at a long range, and knife the victim's panty in the clothes with the remaining hand, carried the victim's panty in the face of the victim, carried the victim's panty in the cell phone charging line, and covered the victim's face with the cell phone charging line located therein.
On the other hand, the Defendant continued to be exempted from the victim’s booms and clothes, laid off the victim’s knifely, and threatened the victim with an unexpected weapon presumed in knife to be a knife, threatened the victim’s resistance, threatened the victim with sexual intercourse, and forced the victim to rape once, with one half of the market price equivalent to 180,000 won at the time of the victim’s possession on the cremation, and raped the victim once.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. The current status of DDA conformity 1.