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(영문) 광주지방법원 2016.11.11 2016고합230
성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)
Text

A defendant shall be punished by imprisonment for ten years.

The personal information of the defendant against the defendant shall be used through an information and communications network for seven years.

Reasons

Criminal facts

The facts as to the cause of the attachment order [criminal record] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) are persons who have four times the past records of sexual crimes, including the completion of the execution of the above sentence on September 7, 2015, by having been sentenced to two years of imprisonment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and five years of attachment of an electronic tracking device at the Gwangju District Court on December 26, 2013.

【Criminal Facts】

On June 19, 2016, at around 00:55, the Defendant: (a) opened a gate that did not correct the victim’s property in front of the collection of the victim D (L, 41 years of age) who is an unrecover female in Thailand in Gwangju Mine-gu, Gwangju, and invaded into the house.

피고인은 집 안에 있던 사람들이 깰 것에 대비하여 부엌에 있던 가위를 챙겨 들고는 피해자와 그 남편, 아이들이 자고 있는 안방으로 들어갔다.

On the other hand, the defendant continued to have buck the victim's bucks and rhum the victim's bucks and ducks, with the victim's hand, and the victim and his husband escaped.

Accordingly, the defendant tried to steal the victim's property by intrusion upon the victim's residence at night, but he committed an indecent act against the victim by taking advantage of the victim's failure to resist.

To the extent recognized by this court, the facts charged are reduced and recognized as criminal facts.

[The facts constituting the ground for an attachment order] The Defendant was sentenced to imprisonment for a sexual crime and again committed a sexual crime within ten years after the completion of the execution of the sentence, and committed a sexual crime despite the record of being attached with an electronic device for a sexual crime, and committed a sexual crime more than twice, and thus, the Defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A photograph of a CCTV closure;

1. Before judgment:

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