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(영문) 광주지방법원 해남지원 2020.03.18 2019고합38
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On November 16, 2001, the defendant was sentenced to a suspended sentence of two years for 1 year of imprisonment with prison labor for stolen acquisition in the Gwangju metropolitan District Court's branch court, and the judgment became final and conclusive on November 24, 2001. On December 22, 2004, the defendant was sentenced to 10 years of imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special rape, etc.) in the Gwangju metropolitan District Court's Maritime Branch branch court's support, and the judgment became final and conclusive on February 3, 2005.

【Criminal Facts】

around 06:00 on February 23, 2001, the Defendant: (a) opened a gate that was not corrected at the residence of the victim C (the age of 17) located in Namnam-gun, Namnam-gun (the age of 17) and intruded into it; (b) opened a kitchen, which is a dangerous thing in the kitchen (the length of 15cm) and opened a kitchen, and by threatening the victim into the protection of the victim, the victim’s excessive excessive amount under the items of the victim, and by threatening the victim’s resistance “comprisingly,” thereby suppressinging the victim’s resistance on one-time sexual intercourse.

Around 06:10 on March 18, 2001, the Defendant: (a) opened a gate at the Fda, where the victim E (the age of 21) located in the Namnam-nam Navy (the age of 21) and intrudes into the gate; (b) took a dangerous object in the kitchen; (c) took a knife the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim

Summary of Evidence

[2019Gohap38]

1. Statement of the accused in the first protocol of trial;

1. The police statement of the victim;

1. A copy of the current status of persons who coincide with the results of the DDA comparison;

1. Results of searching the DNA identification information database;

1. A written appraisal;

1. Investigation report (the telephone conversations between G of the National Science Investigation Institute and H);

1. Statement of the accused in the third protocol of trial;

1. Report on internal investigation (Visits);

1. Details of accord with the results of comparison with the DDA;

1. Results of searching the DNA identification information database;

1. An appraisal report;

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