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(영문) 광주지방법원 목포지원 2013.09.05 2013고합63
성폭력범죄의처벌등에관한특례법위반(절도강간등)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Larceny, etc.) at the Incheon District Court on February 3, 2009, and completed the execution of the sentence on July 24, 2012.

【Criminal Facts】

On June 22, 2013, at around 05:10 on June 2, 2013, the Defendant confirmed that the victim D (n, 21 years of age) located in the eudio near the Eudio, and that the victim’s studio is opened, and the victim’s studio was removed from the wall inside the victim’s studio through the window, and even if the Defendant continued to intrude and steals the money with the means, the Defendant was willing to have sexual intercourse with the victim who does not want the victim by force. The Defendant was able to have sexual intercourse with the victim, the victim was her chest with the victim’s chest by hand, and her chest with the victim’s chest, her finger by inserting the victim’s chest, and her finger was put into the victim’s panty and her panty, and the victim tried to have sexual intercourse with the victim, and the victim was forced to resist.

Accordingly, the defendant invadedd the victim's residence at night, stolen 70,000 won of the victim's money, and attempted to have sexual intercourse with the victim who is unable to resist, but failed to achieve that intent.

The defendant, who is the cause of a request for an attachment order, was sentenced to imprisonment for a sexual crime as stated in the judgment, and again committed a sexual crime within ten years after the execution of the sentence is completed, and the recidivism is recognized by committing a sexual crime on two or more occasions, and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. An investigation report (a suspect specified through DNA), on-site identification reports, and reports on results;

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