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(영문) 제주지방법원 2020.11.19 2020고합183
성폭력범죄의처벌및피해자보호등에관한법률위반(절도강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Punishment of the crime

[criminal power] On January 6, 2006, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (special rape, etc.) in the Suwon District Court's Ansan Branch on the grounds that the judgment became final and conclusive on April 8, 2006.

【Criminal Facts】

Around 04:20 on January 23, 2001, the Defendant: (a) opened a string door in front of the Bnb C At Jeju, and opened a string door in a string room; and (b) intruded into the room possessed by the victim D (the age of 43) and racks the victim into the room; (c) cut off KRW 4.20,000,00 in total, including three 10,00 won cashier’s checks, cash 1.20,00 won, which were in possession of the victim’s knick (type and length of the knife) by a knife; and (d) knife the victim, who was in possession of the knife in front of the said knife in front of the said knife; and (d) embling the victim’s knife by inserting the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim D;

1. The direction, request for appraisal, report on the arrival of internal investigation, delivery of the results of DNA identification information database search, results of DNA identification information database search, and results of DNA identification information database search;

1. Previous records of judgment: Criminal records, inquiry records, and application of each of the statutes applicable to such judgments;

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 5(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 330 of the Criminal Act; Article 11574 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

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