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(영문) 창원지방법원 마산지원 2018.12.14 2018고합50
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be placed on employment for three years at child and juvenile-related institutions, etc.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 24, 2013, the Defendant was sentenced to a suspended sentence of two months for a period of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) in the Changwon District Court’s Support on July 24, 2013, and the judgment became final and conclusive on July 2

【Criminal facts】 On February 25, 2002, the Defendant: (a) around 05:30 on February 25, 2002, the Defendant: (b) damaged the equipment to correct the franchising using the franchising tool in order to enter the entrance; and (c) discovered the victim who was diving in the way to find the franchising, thereby taking the victim’s neck into his hand, and “debrising the victim’s secret”; (d) applied the victim’s resistance to the chest by hand; (e) applied the victim’s franchis to the chest; and (e) applied the victim’s sexual organ to the part of the victim; and (e) committed sexual intercourse by inserting the victim’s sexual organ into the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A report on the occurrence of a case subject to rape and a criminal investigation report;

1. Written inquiry about DNA personal information, results of inquiry about DNA personal information of the arrested suspect, DNA analysis and assessment of DNA identification information, consistent with the detained suspect related to DNA identification;

1. On-site photographs;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an inquiry report (verification of criminal history of a suspect) statute;

1. Relevant Article 5(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010); Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply); the maximum penalty shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. To request an employment restriction order;

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