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(영문) 창원지방법원 2017.07.27 2017고합96
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

A. On February 8, 2001, the Defendant and the requester for an attachment order (hereinafter “Defendant”) were sentenced to six years of imprisonment with prison labor due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery, etc.) at the Busan High Court on February 8, 2001, and on June 10, 2009, the Changwon District Court sentenced the Defendant to eight years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery, etc.) and completed the execution of the sentence on April 1, 2015.

[2] On April 28, 2017, around 00:50, the Defendant: (a) intruded into, through a small door door door, where the inner door pipe of the apartment is not corrected before the house located in Seongbuk-gu, Seongbuk-gu, Sungwon-si, Sungwon-si; (b) Dong***** the outer door pipe of the apartment victim F (the age of 38) and the inner door of the victim.

이어서 피고인은 안방에 누워 있던 피해자를 발견하고 피해자에게 “ 얌전히만 있으면 해치지는 않겠다.

“Intimidating the victim’s resistance by intimidation, the victim exceeded his or her name and brogate, and forced the victim to be frightened by his or her appearance.

On the other hand, the defendant continued to join the victim as soon as possible, re-influent the victim's sexual organ as soon as possible, and raped the victim.

[The facts constituting the cause of an attachment order] The Defendant, a person who has been convicted of a sexual crime as described in the judgment of the lower court, committed a sexual crime on two or more occasions, thereby recognizing the habit of the sexual crime, and having the risk of recommitting the sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Confirmation of identity of any on-site identification photograph, and fingerprints of the rape case;

1. A report on investigation (verification of the victim's face, etc. of the suspect, and documents attached thereto);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, the text of 200 High 295 High Gohap200, the text of 2000 old 1165, the text of 2007 High Gohap79, the investigation report (verification as to a suspect A's repeated crime), and documents attached thereto, and a written investigation prior to the request;

1. Judgment.

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