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A defendant shall be punished by imprisonment for five years.
The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.
Reasons
Punishment of the crime
On March 27, 2002, the Defendant was sentenced to one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on August 6, 2003 and completed the execution of the above punishment on August 28, 2005. On October 28, 2005, the judgment became final and conclusive on November 5, 2005.
Criminal facts
Around 19:30 on June 2, 2005, the Defendant: (a) entered a beer c room room 202, which is opened by the Defendant, through a beer c room 202; (b) obstructed the victim from suffering; (c) obstructed the face of the victim; and (d) obstructed the victim’s hand, such as the victim’s knife at the beer 23 years old; and (d) obstructed the victim’s hand, etc.; (c) 50,000 won in cash from the wall on the beer knife; and (d) embling the victim’s knife at the beer knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif knif knif knif k; and raped with the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Requests for appraisal, response to requests for appraisal, investigation and report on suspect's response to the DNA conformity;
1. On-site photographs, an investigation report concerning attachment of medical records of a victim, a detailed statement of medical treatment of a victim, a victim's standing photograph, a criminal investigation report (a report on confirmation of the name of the diagnosis stated in
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (suspects' previous records and confirmation reports);
1. Article 339 of the relevant Criminal Act, Article 337 of the Criminal Act (the point of robbery and rape), and Article 337 of the Criminal Act (the upper limit of punishment is the same as the previous Criminal Act (amended by Act No. 10259, Apr. 15, 2010);
[15] Imprisonment with prison labor prescribed in the main sentence of Article 42
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a punishment (the punishment heavier than that prescribed for the crime of robbery and rape shall be punished, but choice of limited imprisonment);
1. Article 35 of the Criminal Act and the old Article 35 of the Criminal Act.