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(영문) 대전지방법원 논산지원 2014.10.01 2014고합12
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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

[criminal record] On February 18, 201, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) sentenced the Daejeon District Court to two years and six months of imprisonment for rape and injury, and completed the execution of the sentence in the Daejeon Correctional Institution on March 15, 2013.

【Criminal Facts】

1. On April 29, 2014, around 01:00, the Defendant: (a) heard the victim’s speech that he had been living together; (b) had the victim d’s house in Masan-si; (c) had the victim’s house without gate, had the victim’s house, and had the victim’s house, and had the victim’s house into the victim’s house without justifiable grounds.

2. On April 30, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) went to the house of the victim D (in this case, 62 years of age) located in C at the time of debate, with a view to committing rape, and forced visits made by the victim with no gate, and entered into the victim’s room.

The Defendant: (a) was frightened by the victim’s body with his left hand; (b) obstructed the victim’s resistance; (c) tried to rape the victim with his/her hands; (d) but the victim did not commit an attempted rape with his/her hands; (c) the victim did not have the intent to injure the Defendant and flee with the wind.

The accused, within ten years of the completion of the execution of a sentence of imprisonment with prison labor for committing a sexual crime, has committed a sexual crime as described in paragraph (2) of the above crime and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each record of D;

1. A criminal investigation report (or statements of witnesses), a criminal investigation report (in cases of attaching photographs to the site of the case), and a report on the investigation (in cases of fingerprinting and appraisal results);

1. Answers on the scene of crime and the results of appraisal;

1. Previous convictions in judgment: Criminal history records, investigation reports (verification of the date of release from the case resulting from rape and injury);

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