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(영문) 서울북부지방법원 2019.02.01 2018고합405

강도강간

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be placed on employment in institutions, etc. related to children and juveniles for five years.

Reasons

Punishment of the crime

[criminal power] On September 3, 199, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Gangnam Prison on July 8, 200, and on October 31, 2002, the Seoul High Court sentenced seven years of imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes (Robbery) and the judgment became final and conclusive on November 8, 2002.

【Criminal Facts】

Around 14:00 on April 30, 200, the Defendant: (a) entered a room in front of the body of the victim C (the age of 27 at that time) in Jung-gu, Seoul; (b) opened a room in front of the body of the victim; and (c) opened a knife (the knife length of the knife) prepared in advance by the victim; and (d) “I am out of the floor,” and “I am back the knife of the knife in front of the knife,” and led the victim to a suppression of the victim’s resistance by threatening the victim’s physical harm without the victim’s speech, using the knife’s knife.; (b) 100,000 won check, cash 30,000 won, one credit card bank, and one head of the house bank.

The Defendant, by continuing to report the victim who was up to a right angled, brought the victim with a knife, knife the knife, and told the victim to be off the knife, and forced the victim to deviate from the victim’s resistance, let the victim go off the victim’s panty, and had the victim do sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant forcibly taken the victim's property and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The processing table, the fixed amount and DNA appraisal report, and the results of DNA database search;

1. Previous convictions: Criminal history records, probationary records, the current status of acceptance of each of the accused, investigation reports (Attachment to the same type of judgment), court rulings, such as the Seoul Northern District Court 199 order-3179 case, and the application of Acts and subordinate statutes of the Ministry of Justice and the Ministry of Justice’s Assistance

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;