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A defendant shall be punished by imprisonment for five years.
The defendant's registered information about the defendant is a three-year information and communication network.
Reasons
Punishment of the crime
[criminal history] On December 20, 2001, the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court for the purpose of larceny at night, etc., and completed the execution of the above sentence on March 19, 2002. On February 3, 2017, the Seoul Northern District Court sentenced one year of imprisonment with prison labor for the purpose of larceny at night, and became final and conclusive on April 21, 201.
[Criminal facts]
1. A around 04:00 on August 28, 2004, the Defendant, in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) committed sexual intercourse with the victim on one occasion after: (a) opened and intrudeed the panty of the inner window that was not corrected in the house of the victim D (n, 27 years of age) located in Mapo-gu Seoul Metropolitan Government; and (b) opened the panty of the victim under the influence of alcohol in the ward; and (c) opened the panty of the victim under the influence of alcohol in the ward.
As a result, the defendant invadedd the victim's residence, and has sexual intercourse with the victim by using the victim's non-refluence condition.
2. From around 04:00 on July 18, 2010 to around 08:00 on the same day, the Defendant intrudes upon a small door window, which was not corrected for the purpose of house of Victim F (n, 28 years of age) located in Mapo-gu Seoul Metropolitan Government, and intrudes upon the shock network of the victim F (n, n, and 28 years of age), and takes 114,000 won in cash at the victim’s clothes in front of the entrance.
I go back.
Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.
Of the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape) stated in the instant indictment, there is no evidence to acknowledge that the defendant has sexual intercourse with the victim F.
In doing so, the above facts charged stated as follows: “The Defendant intrudes the victim’s residence and steals cash,” and even if recognizing the criminal facts of intrusion upon residence and larceny as stated in the main sentence, it cannot be deemed that the identity of the facts charged is infringed, and it does not create any substantial disadvantage to the Defendant’s exercise of his right to defense.