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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant's information about the defendant shall be made through an information and communications network for five years.
Reasons
Punishment of the crime
On December 9, 2005, the Defendant was sentenced by the Seoul High Court to imprisonment for life for violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, rape, etc.) and the judgment became final and conclusive on December 17, 2005.
On August 6, 2003, at least 04:50 on August 6, 2003, the Defendant intruded the victim D (the age of 40 at that time) of Kimpo-si B 104, by using a private bridge, and used a bend window, and used a deadly weapon, which covers the victim's face, and used it as a deadly weapon in the main room, and used it excessive for the victim and the victim, and threatened the victim with "I will am son, I will die, I will die," thereby suppressing the victim's resistance against the victim.
The Defendant continued to drink the victim’s mind to rape the victim to prevent the victim from filing a report, and, because the card is unnecessary, the card was not sufficient. If the card did not occur, the card was called “the victim was about to go with only money,” and the victim was sexual intercourse once, followed by a 340,000 won in cash owned by the victim.
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 made to D by the police;
1. Notice of the results of the search for the database of DNA identification information, and inquiry into convict DNA matters, and each request for appraisal;
1. An investigation report (to hear statements from victim D phone calls and a report thereon);
1. Previous records of judgment: Application of criminal records, correspondence records, and Acts and subordinate statutes of the confinement certificate;
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) and Article 5(10 of the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010) to the Act on the Protection, etc. of Victims of Sexual Crimes.