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(영문) 서울서부지방법원 2015.10.14 2015고합146
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[criminal power] On November 26, 1997, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (special rape, etc.) at the Incheon District Court, and completed the execution of the sentence at the Ansan Prison on January 13, 2002, and on August 9, 2002, the Defendant was sentenced to one year of imprisonment for an attempted larceny at night at the Seo branch of the Seoul District Court and became final and conclusive on October 3, 2002.

【Criminal Facts】

On February 6, 2002, at around 05:20, the Defendant: (a) opened and intruded into the victim D (A) located in Mapo-gu Seoul Metropolitan Government, at the residence of the victim D (A. 25 years of age); (b) opened a string door, which was not corrected; and (c) opened a string door, which was a deadly weapon, prepared in advance for the victim, in the room; (d) threatened the victim, who was divingd in the room, with the string of the stringe, with the string of the stringe (25 cm), and threatened the victim, who was locked by the victim, with the threat that the victim’s wife who was locked in the side, would die, “I would die in the stringe.” (e., the victim’s clothes), and had sexual intercourse once with the victim.

Accordingly, the Defendant, carrying a deadly weapon, has raped the victim.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The current status of the person corresponding to the results of the DNA comparison with the response to the request for genetic testing;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes as a result of prisoners search;

1. Article 6(1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 4 of the Addenda of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 6(1) of the former 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 the same shall apply); Article 5(10) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10261, Apr. 15, 2010; hereinafter the same shall apply).

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