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(영문) 청주지방법원 2013.05.24 2013고합4
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for four years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

On April 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and two years of suspension of execution, and the judgment became final and conclusive on the 12th of the same month.

At around 23:00 on July 9, 200, the Defendant discovered the victim who was under the care of the victim D(the age of 22 at that time), who was under the care of the entrance opened at the office of the victim D(the age of 22), and then intruded the victim into the entrance, and then sprinked the victim with the knife, with the knife, with the knife, with the knife, with the knife, with the knife, with the knife, with the knife, with the knife, with the knife of the knife, and had sexual intercourse once with the victim who was under the care of the knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation of statements made by the police regarding D;

1. On-site explanations, reports on requests for appraisal, notification of the current status of persons who coincide with the results of comparison with DDA-DB;

1. Previous records of judgment: Application of criminal records, references to criminal records, previous records of disposition, results of confirmation, and Acts and subordinate statutes;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 5 (1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Articles 319 (1) and 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act (the crime of the above Article and the violation of the Punishment of Violences, etc. Act, which have become final and conclusive, shall be mutually between the crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. An order for disclosure;

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