(영문) 서울서부지방법원 2016.10.13 2016고합101

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2016.10.13 2016고합101

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for five years;

Reasons

Criminal facts

On September 7, 2010, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have the record of being sentenced to a fine of one million won for the crime of indecent act by force at the Seoul Western District Court, and on April 11, 2013, the same court was sentenced to a fine of two million won for the crime of indecent act by force.

【Criminal Facts】

On December 15, 2015, at around 20:30, the Defendant opened the front door and intruded into the house by an infinite method, when the victim D (the 52 years of age), located in Eunpyeong-gu Seoul and Madro 1, and the Defendant was fined from the inside and outside of the inside, and her panty fin off and panty fin off, when the victim was skeed with her head fining, and her head find with her head find with her head find, and her head find with her head find with the victim’s chest, and her chestd the victim’s chest with her chest.

[Facts constituting the ground for attachment order] Although the Defendant had a record of committing a sexual crime two or more times, it is recognized that the Defendant committed a sexual crime and thereby, is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of D or E;

1. Records of seizure and the list of seizure;

1. Each gene appraisal report;

1. Photographs of the victim;

1. Investigation report (teleline investigation), investigation report (to listen to the statement of the victim immediately after the case), investigation report (F Park to ascertain the route and the channel of statement of the suspect from the accused to the accused's office);

1. Previous records of judgment: Criminal records and investigation reports (Attachment to the same attached records, etc.);

1. The risk of recidivism and the recidivism of sexual crime committed in the judgment: In full view of the aforementioned evidence and the following circumstances acknowledged by the statement in the response to the request before the request and the Defendant’s age, character and conduct, environment, awareness and attitude of sex, motive of the instant crime, method and consequence of the instant crime, circumstances after the crime, etc., the Defendant is recognized as having the risk of recidivism and recidivism of sexual crime.

(1) The defendant shall have the sexual organ of a male victim, 2010, and shall be forced to have his/her gender met.

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