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(영문) 부산지방법원 2014.01.24 2013고합855

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On May 28, 2004, the defendant and the requester for an attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of three years and six months, and a suspended sentence of three years and six months was sentenced on May 30, 2008 by the Busan District Court for a violation of the Punishment of Sexual Crimes and the Protection of Victims, etc. (residential Rape, etc.). < Amended by Act No. 8840, May 30, 2008>

【Criminal Facts】

On November 12, 2013, around 04:10 on November 12, 2013, the Defendant had a relation to the abolition of Pyeongtaek in Busan Dong-gu, Busan, and was in front of the house of the victim C (n, 84 years of age) who became aware of the relationship, and was in front of the house of the victim C (n, 84 years of age) who was not corrected, and entered the house and invaded the scheme in which the victim was locked.

The defendant shouldered the locked victim's bridge, exceeded the victim's will and clothes with the defendant's hand, and committed an indecent act by force against the victim by force.

[Judgment of the court below] The defendant is guilty of having committed a sexual crime on two or more occasions as stated in the facts of the crime in the judgment below, and there is a risk of repeating a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on each investigation (including failure to make statements, etc.; attachment of the scene of a crime; reporting on telephone recording by a victim who has witness to his/her family);

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment to previous rulings on sexual assault);

1. The risk of recidivism and recidivism of sexual crime committed in the judgment: The following circumstances acknowledged by the above evidence and the investigation prior to the request for attachment order, namely, the Defendant, as recorded in the criminal records prior to the instant crime, has invaded upon the residence and thereby has the physical and mental disability of Grade II.