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(영문) 광주지방법원 2018.11.23 2018고합410
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On June 29, 2006, the Defendant was sentenced to 20 years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Special Robbery, Rape, etc.) at the Seoul Western District Court (Seoul Western District Court) and the judgment on September 22, 2006 became final and conclusive.

[Criminal facts] The defendant opened gate around 18:00 on August 14, 2001 at the office of the victim C (n, 16 years of age) located in Mapo-gu Seoul Metropolitan Government, and entered the gate and "Isn't live in the husband and wife of the D University."

“After making a phone call to the mother to confirm, the victim will enter the place, and the victim will take the transition, which is a deadly weapon.

In contrast to the face of the victim, he brought E into a small room, brought in the victim’s her face, brought in the victim’s her face, and brought the victim out of the victim’s her pande, and made him sexual intercourse once with the victim, with the victim, as if he did not receive any money by stating “to open the money on the wall,” and the victim did not have any money, and as the victim did not resist the victim, “I am, I am off, I am off, I am off, I am off, I am off, I am off, I am out of the victim, and I am sexual intercourse with the victim once.

Accordingly, the defendant, carrying a deadly weapon, committed an attempted withdrawal of the victim's property, and raped the victim.

[Fact of the ground for attachment order] The defendant not only committed a sexual crime against a person under the age of 19 but also committed a sexual crime on two or more occasions, and thus, it is recognized that the defendant is likely to recommit a sexual crime against the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against C (No. 10 No. 5 of the evidence list);

1. The results of inquiries into the same case data as a result of the DNA identification data search, convict DNA personal information, and each request for appraisal, reply, and place of occurrence;

1. The investigation report (the suspect and the DNA at the scene of the offence).

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