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(영문) 서울중앙지방법원 2012.12.04 2012고합1149
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

A defendant shall be punished by imprisonment for ten years.

The defendant's disclosure of information to the public is seven years through an information and communications network.

Reasons

Punishment of the crime

[criminal power] On September 12, 2002, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the branch court of the Seoul District Court on April 5, 2003, and the execution of the sentence was completed at the Seoul Southern Prison. On September 13, 2006, the Seoul Northern District Court sentenced one year of imprisonment with prison labor for an injury and became final and conclusive on December 2, 2006.

【Criminal Facts】

On September 10, 2005, at around 10:40 on September 10, 2005, the Defendant invadedd the toilet at the home of Songpa-gu Seoul Metropolitan Government D Victim E (n, at the time 20 years of age), and then invaded the way to destroy and damage the toilet, and then rupture the victim who was divingd in the bed in the bed zone with approximately 15cm in length as a deadly weapon (m) on the part of the victim.

The sound is dead.

as the case may be.

H. He/she is off his/her clothes.

In so far as it is impossible to resist the victim’s clothes, the victim she was off, who was frighted, of the victim’s clothes as she had the victim go off, “Ye, fright, fright,” made the victim take full of cash 22,00 won and the card from the wall, cut it off, and continuously took the knick, which is a deadly weapon (30 cm in length) at the face of the victim, while carrying the knick and the knick with the victim’s knick on the part of the knive part of the victim’s knive part, and raped the victim by inserting the victim’s knick, knick, with the Defendant’s sexual organ inserted into the part of the victim’s knive part.

Accordingly, the defendant took the victim's property by carrying a deadly weapon and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The DNA appraisal report of the National Scientific Investigative Institute, and replys to the results of genetic search;

1. Certificates of underwriting;

1. Previous records of judgment: Criminal records (29 pages of investigation records), previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes to investigation reports (report on confirmation of repeated crimes);

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes ( April 15, 2010), Article 5(2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, and Article 334 of the Criminal Act.

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