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(영문) 전주지방법원 2013.05.23 2013고합20
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On July 25, 1997, the defendant was sentenced to six years of imprisonment by the Gwangju District Court for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, and completed the execution of the sentence on May 16, 2003, and on July 26, 2012, the Gwangju High Court sentenced the defendant to eight years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc.

8.3. The person for whom the judgment has become final and conclusive.

At around 14:00 on October 29, 200, the Defendant opened a corrective door at the seat of the victim D (n, 17 years of age) located in Daegu-gu C, Daegu-gu, and intruded into the victim’s residence, and led the victim to the suppression of the knife of the knife prepared in advance by returning home from the school to the victim, and then forced the victim into the knife of the knife of the knife, the Defendant cut off the victim’s eye from the knife of the knife of the knife of the knife and forced knife of the knife of the knife, and sexual intercourse once with the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Requests for genetic appraisal, requests for the appraisal of identification samples of detained suspects, and requests for each appraisal;

1. Previous convictions indicated in the judgment: Each investigation report (Attachment of a concurrent criminal case, confirmation of the date of release of a suspect) and application of Acts and subordinate statutes to the personal confinement status;

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 the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Articles 319(1) and 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) concerning the crime

(ii) in accordance with the main sentence of Article 42

1. Article 35 of the Criminal Act among repeated crimes; proviso to Article 42 of the former Criminal Act;

1. Handling concurrent crimes and.

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