성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
A defendant shall be punished by imprisonment for three years.
The defendant's disclosure of information about the defendant is made through an information and communications network for five years.
Punishment of the crime
On December 23, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Suwon District Court, and the said judgment became final and conclusive on May 11, 2005.
Criminal facts
At around 06:00 on May 8, 2004, the Defendant: (a) opened a entrance and intruded into the door to find out that the victim was locked; (b) discovered that the victim was locked; and (c) was able to rape the victim.
The Defendant: (a) took the face of a locked victim on a hand; (b) took the locked victim’s knife against the victim by threatening that “I will not flickly flick, knickly knife, and knife so that I will not knife the knife; (c) took off all the clothes of the victim; and (d) took off the victim’s knife with a knife tape, and raped the victim by having sexual intercourse once.
Accordingly, the defendant, in collaboration with the above-mentioned person, invaded upon the victim's residence, and raped the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police and suspect examination protocol of each prosecution against the accused;
1. Statement made to D by the police;
1. A report on the occurrence of rape incidents, a written request for genetic appraisal, a written request for appraisal and a written request for appraisal, an appraisal, a criminal report (specific suspect), a case transmission statement (No. 2004-9764 of the orchard Police Station 2004-9764), and a criminal report (related to the accuracy of a suspect DNA-type appraisal);
1. Previous records: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records and investigation reports (Attachment to separate judgments);
1. Article 5(1) of the former Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (amended by Act No. 6995, Mar. 12, 2004; hereinafter the same shall apply); Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts [the occupation of rape and rape]: Provided, That the upper limit of punishment is prescribed by the former Criminal Act (amended by Act No. 10529, Apr. 15, 2010).