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(영문) 창원지방법원 마산지원 2015.10.07 2015고합38
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed and notified for ten years.

Reasons

Punishment of the crime

[criminal record] On July 1, 1998, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for not more than two years and six months for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. at the Busan High Court. On December 29, 2006, the Changwon District Court sentenced seven years to imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special rape, etc.) and completed the execution of the sentence on June 11, 2013, and issued an attachment order to an electronic tracking device for five years from June 11, 2013 to June 10, 2018.

【Criminal Facts】

At around 05:30 on March 14, 2015, the Defendant opened a string door door and intruded up to the room of the victim C (n, 29 years of age) located in Changwon-si, Changwon-si, the Defendant: (a) discovered the victim who was her husband and left together with his wife; (b) prevented the victim from entering the victim’s body with one hand listed on the victim’s body from resistance; and (c) laid down the victim’s body to prevent the victim from resisting the victim’s entrance and cocons with one hand; and (d) fluen the chest of the victim’s chest and bro, flue the chest by drinking the chest, making the breast fast, kick the finger into the panty, and put the finger into the part.

As a result, the Defendant attempted to rape the victim by impairing the victim's residence, but the son and son of the victim was shouldered and the victim said, "the son and son are growing away from the side." Thus, the Defendant was attempted to flee at the wind.

A criminal defendant is likely to recommit a sexual crime, and is likely to recommit a sex crime, within ten years after he/she was sentenced to imprisonment for committing a sexual crime and the execution of his/her imprisonment is completed. A person who again commits a sexual crime despite having the record of being attached with an electronic device for committing a sexual crime, and has committed a sexual crime on at least two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. C.

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