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(영문) 전주지방법원 정읍지원 2013.05.08 2012고합106
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

The defendant shall be punished by imprisonment with prison labor for not less than four years, and imprisonment with prison labor for not more than two years and six months.

Reasons

Punishment of the crime

Defendant

In addition, on October 28, 2004, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was sentenced to imprisonment for one year and six months at the Jeonju District Court on the grounds of "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and completed the execution of the sentence in the Jeonju Prison on January 23, 2006, and on October 10, 2007, the court was sentenced to three years of imprisonment for the crime of "violation of the Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims (Rape, etc. of Minors under the age of 13)" and completed the execution of the sentence in the Net Prison on July 7, 2010 after the judgment became final and conclusive.

"2012 Gohap106"

1. “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (thief, rape, etc.)” on September 17, 2012, the Defendant: (a) around 03:00 on September 17, 201, placed in the house of the victim D (the age of 79) located in Jeong-Eup, and went into the house of the victim through open gate for the purpose of stealinging things; (b) put in hand his/her tear, cut off his/her finger, and intrudes his/her kitchen into the house of the victim.

The Defendant discovered the victim who was diving and attempted to be locked, thereby preventing the chest from being frightened by the victim, and threatening him from being frightened by her, and "the frightened by the frighten of the frighten", and she did not commit an attempted crime without having the victim go out of the victim's fright and panty, cut off from the victim's frighten and panty, forced the Defendant's sexual organ to have sexual intercourse, but did not have sexual intercourse.

2. Night theft;

A. On August 4, 2012, around 04:00, the Defendant intruded with the victim F’s house located in Jung-gu, Jung-gu, Jung-do, via open entrance, and then stolen the amount equivalent to KRW 1,100,000 in cash contained in the wall inside the wall.

B. Around 04:00 on August 12, 2012, the Defendant intruded into the house through an open door to the Victim H’s house located in Jung-Eup at Jung-si, and the market value of the house located on the inner cremation is equivalent to KRW 40,000.

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