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(영문) 서울중앙지방법원 2012.11.01 2012고합1110
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

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

On November 13, 2002, the Defendant was sentenced to six years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Larceny rape, etc.) in the Sungwon District Court's Sung-nam branch on May 27, 2008, and completed the execution of the sentence in the Anyang Prison on May 27, 2008, and was sentenced to one year of imprisonment for the crime of fire-fighting in the Goyang Branch of the Jung-gu District Court's Goyang Branch on March 23, 201

On June 21, 2009, the Defendant used one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the victim was raped by intrusion upon the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. He's legal statement;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of judgment and the confirmation date of the date of release from the relevant case);

1. Article 5(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “Act on the Protection, etc. of Victims of Sexual Crimes”); Article 319(1) and Article 297 of the Criminal Act (amended by Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”)

1. Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes among Cumulative Offenses, proviso of Article 42 of the former Criminal Act, etc.

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