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(영문) 광주지방법원 목포지원 2019.01.31 2018고합62
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2005, the defendant was sentenced to seven years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.), a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc.), a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Special Rape, etc.), a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc.), a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc.), a special larceny, a larceny, or a intrusion upon residence

Around 04:00 on August 29, 2001, the Defendant: (a) went into the house of the victim D (Inn, 31 years of age, and Ga) who was under the B apartment C at Sinpo City B apartment; (b) went into the house of the victim; (c) went into the house of the victim; (d) went into the house of the victim; and (e) put the victim coming from the small bank; and (e) prevented the victim from resisting by threatening the victim to “to be hick to the children who are inside the bank if they are not so as to do so; and (e) was discharged from both the lower part of the victim and the panty panty mat laid down on the floor; and (e) sexual intercourse was committed once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Report on internal investigation (the receipt of a case according to the results of the DNA identification search conducted by the Supreme Public Prosecutor's Office) and report on internal investigation (the identity of a doctor A);

1. Delivery of the results of searching the DNA identification information database, and the results of inquiring into the personal information of convict DNA;

1. A written appraisal;

1. A ground plan;

1. Previous records of judgment: Defendant's written inquiry, such as his/her legal statement and criminal history records, investigation reports (former and verification), and application of statutes on judgment;

1. 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); Articles 319(1) and 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); the applicable Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Articles 319(1) and 297 of the

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