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(영문) 부산지방법원 2013.08.30 2013고합404
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for eight years.

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 December 22, 2011, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor and six months for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Busan High Court, and completed the execution of the sentence at the port prison on April 30, 2013.

【Criminal Facts】

Around 01:30 on May 21, 2013, the Defendant: (a) opened a closed door to be corrected and opened inside the house; and (b) opened at an open door to the inside of the house, and (c) was sexual intercourse with the victim by reporting the victim; (b) Doing the victim’s chest from the lock to the lock; (c) Doing the victim’s chest to the end; (d) Doing the victim’s chest to the end; and (e) Doing the victim’s eye to the end; (e) Doing the victim’s eye with one hand; (e) cut off the victim’s brea and clothes with the victim’s eye; and (e) Doing the victim’s walk to the brea seat; and (e) prevented the victim from resisting the victim at his right time; and (e) Doing the victim into a breater by dividing the victim’s her hand into the canter once, thereby committing sexual intercourse.

[Judgment of the court below] The Defendant was sentenced to imprisonment for a sexual crime and committed a sexual crime within 10 years after the completion of the execution of the sentence, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Examination results of suspect A's new photographic photo and scamsymal appraisal;

1. A report on investigation (Attachment of a field photograph);

1. Records before judgment: A inquiry report on criminal records, etc. and investigation report (report attached to the judgment and investigation records);

1. The risk of recidivism in the judgment below: Each of the above evidence and the following circumstances acknowledged by the investigation before the request for attachment order was made, namely, the Defendant had the record of punishment of imprisonment for a sexual crime of several methods similar to the instant crime, as stated in the records of the criminal records.

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