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(영문) 수원지방법원 안양지원 2018.05.18 2018고합44
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for four years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

[criminal record] The defendant and the person requesting an attachment order (hereinafter "defendant") were sentenced to one year and six months from October 14, 199 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on January 23, 2001, and the execution of the sentence was terminated on November 21, 2001. On November 21, 2001, the court was sentenced to five years from the punishment of sexual crimes and violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc.) on February 6, 2002. On April 20, 2007, the Seoul High Court was sentenced to five years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof.

[2] On May 6, 200, 200, the Defendant discovered the vehicle from the victim C (the 27-year-old) of the apartment complex located in the Gunpo-si (hereinafter referred to as the "Sipo-si") around 04:0 on May 6, 2001, and went back to the above apartment 417-dong entrance, which is the victim's residence. On the other hand, the Defendant continued to go back to the above apartment complex 417-dong 417-dong 417-dong 1st apartment complex, called the victim's neck to board an elevator with its arms and carried the victim into the elevator, sealed the victim into the elevator, and led the victim to the corridor.

The defendant is placed on the floor of the victim at his/her place, takes the victim's neck on one hand, takes another hand, takes the victim's face, and if the defendant does not want to die, he/she shall do so.

h. The victim’s resistance was prevented by suppressing the victim’s resistance and the victim’s sexual intercoursed once with the victim.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to C;

1. As a result of appraisal, a response to a request for appraisal, a response to a request for appraisal, a gene analysis report, a DNA identification data search result, a notification of DNA identification data search result, and a DNA identification information search result.

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