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(영문) 창원지방법원 마산지원 2013.03.20 2013고합5
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
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

Punishment of the crime

On November 11, 1999, the Defendant was sentenced to one year and six months of imprisonment for the crime of forging official documents at the Daegu District Court. On March 22, 200, the Daegu District Court sentenced three months of imprisonment for the crime of uttering of forged official documents, etc. and completed the execution of the sentence on October 21, 200. On August 10, 200, the Defendant was sentenced to seven years of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Daegu District Court Support for the racing on August 10, 200, and the judgment became final and conclusive on August 27, 2002.

On November 22, 2000, the Defendant opened a window with the first floor of the building C in North-gu, North-gu, the second floor of which was not corrected, and intruded into the house of the victim D (the age of 22) at the time of the port of the new wall, and ruptured into the house of the victim D (the age of 22), and ruptured the victim with a knife knife which was in the kitchen, and ruptured the victim into the victim's resistance, and ruptured the victim, she exceeded the victim's right and panty by force, and raped the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written request for appraisal, written appraisal, or on-site photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment, etc.) and other Acts and subordinate statutes;

1. Article 4 of the Addenda to the Special Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); 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); Articles 319(1) and 297 of the Criminal Act (amended by Act No. 1025, Apr. 15, 2010; hereinafter “Act on the Protection, etc. of Victims of Sexual Crimes”); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 319(1) and 297 of the Criminal Act (amended by Act No. 10259)

1. Article 35 of the Criminal Act among repeated crimes; proviso to Article 42 of the former Criminal Act;

1. The treatment of concurrent crimes and mitigation of punishment shall become final and conclusive for the crimes and judgments in the judgment of the latter part of Article 37, Article 39(1) and Article 55(1)3 of the Criminal Act;

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