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(영문) 수원지방법원 2013.08.27 2013고합437
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for seven years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Criminal facts

On October 26, 2006, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") were sentenced to five years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Crime of Crimes) at the Gwangju District Court, and completed the execution of the sentence on July 24, 201.

【Criminal Facts】

On June 12, 2013, when the defendant discovered the victim C (the age of 27 at that time) who mards a female returning home in the middle of the night with the mind that she will rape depending on his/her residence, and found the victim C (the age of 27 at that time). At around 23:50 on June 12, 2013, the defendant invaded by the victim's house kitchen installed between the first floor and the second floor, and discovered the defendant, sound, cut the victim's trees by blocking the victim's left hand, cut down so far as it is difficult to control the victim's resistance, attracts the victim's invasion, and forced sexual intercourse once after he/she puts the victim into the place.

[Causes of Request for Attachment Order] The Defendant committed habitually an act of committing a sexual crime against a female who has been sentenced to imprisonment with prison labor for committing a sexual crime and has committed a sexual crime within ten years after the completion of the execution thereof, and has committed a sexual crime twice by intrusion upon his/her residence and rape during night time, and such an act is recognized as a habit and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Videos recorded by each victim;

1. Police seizure records;

1. Investigation reports and investigation reports (in response to a request for appraisal);

1. Previous convictions in judgment: Criminal records, and current status of personal identification and confinement [the risk of recidivism of sexual crimes and recidivism at the time of making a statement];

1. The following circumstances, which are acknowledged by the evidence mentioned above and the written investigation prior to the claim, namely, ① the Defendant is punished by imprisonment with prison labor for committing sexual crimes on one occasion even before the instant crime was committed.

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