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(영문) 창원지방법원 진주지원 2013.05.24 2012고합216
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

A person shall be punished by imprisonment with prison labor for not less than two years and six months, and imprisonment with prison labor for not less than three years for the crimes of No. 2 as stated in the judgment.

Reasons

Criminal facts

【Criminal Power】 On July 26, 2007, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to six months of imprisonment by night, intrusion, theft, etc. at the Changwon District Court on January 31, 2008, and the judgment became final and conclusive on January 31, 2008, and the execution of the sentence was completed at the Busan Detention House on January 31, 2008. On June 16, 2010, the court was sentenced to three years and six months of imprisonment for robbery and injury, and the judgment became final and conclusive on October 28, 2010.

【Criminal Facts】

1. Around 05:00 on August 11, 2004, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims thereof (such as Residence Rape, Rape, etc.) opened a door at the window C1st floor victim D (the 21 year old), and opened a door to the 31st floor victim D (the 21 year old), and intruded within the body of the victim who was locked and locked into the door, caused the victim to have his body covered by the leash, and caused the victim not to resist.

After that, the Defendant made the victim dump, exceeded panty and panty, and added his sexual organ to the victim’s sound book, and raped once by committing sexual intercourse with the victim.

Accordingly, the defendant invadedd another person's residence, and raped the victim.

2. Around 04:30 on January 12, 2009, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection, etc. of the Victims thereof (special rape) opened a door at the window E 2nd floor victim F (the age of 23 years) of the window in Changwon-si, and opened a door at the home and intrudes inside to the inside, and made a kitchen, which is a deadly weapon in the kitchen, in his hand, and used the kitchen, in his hand, and by threatening the victim to “influence, death. ........, bombly hick).”

After that, the Defendant, after covering the body of the victim with a frightet, got the victim back and panty, went off his panty and added his sexual organ into the body of the victim one time, and raped by inserting his sexual organ into the body of the victim.

Accordingly, the Defendant, carrying a deadly weapon, has raped the victim.

【Facts constituting the ground for attachment order】

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