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(영문) 서울북부지방법원 2016.07.15 2016고합263
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On March 26, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. by the Seoul Eastern District Court on October 13, 2008 and completed the execution of the sentence in the Chuncheon prison on October 2008.

On December 23, 2010, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and the said judgment became final and conclusive on April 2, 2011.

[Criminal facts] The Defendant intruded on a multi-household house with no correction of the window of the new wall time, thus attempting to steals money and valuables, and coloring the object thereof.

On May 26, 2009, the Defendant: (a) opened and intruded a bend window of the same building No. 302 of the same building in which gas pipes were not corrected to the end of the C Multi-household Building at Silung-si, Seoul, the Defendant: (b) discovered the victim who was faced on the bend of the bend; (c) cut down his arms with the cellphone leading up to the cellphone, which was frighted on the bend; (d) brought a knick, a lethal weapon in the bend; and (e) sealed the victim’s resistance by threateninging him; and (e) brought a knick, a dangerous weapon in the bend; and (e) brought the victim’s resistance against it; and (e) brought the victim’s 2,500 won away from the bend of the bend; and (e) made the victim do so, and (e) made the victim do not have the intent to commit rape, and (e) made the victim do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement prepared by D;

1. Each investigation report (to hear statements from the victim's telephone and report thereon, and to hear statements from the person in charge of the Ginseng Corporation of Tobacco);

1. Responses to the results of the on-site photographs, log fingerprintss, fingerprint inquiries about criminal scene fingerprints, confirmation of the identity of robbery in cases of robbery, and reexamination and appraisal of fingerprints at criminal scene;

1. Previous conviction: A written inquiry about criminal history, personal identification, investigation report (the confirmation and criminal history of the defendant);

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