(영문) 대전지방법원 홍성지원 2012.12.20 2012고합110

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2012.12.20 2012고합110

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

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A defendant shall be punished by imprisonment for five years.

It has disclosed the information on the defendant for five years using the information and communications network.

Reasons

Criminal facts

On February 6, 2009, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and was released on October 28, 2009 and terminated the parole period on December 30 of the same year.

At around 01:50 on September 27, 2012, the Defendant: (a) opened a supplementary entrance door to the instant restaurant operated by the victim D (Inn, 56 years of age) located in Boan-si C; (b) opened the ancillary entrance to the said restaurant without correction; and (c) intruded the victim, who was divingd in the inside room, by drinking off the victim’s chest and fluor, by drinking up three times each, the victim’s chest and fluor, respectively.

[Judgment of the court below] The Defendant committed the instant sexual crime again within 10 years after the completion of the execution of a sentence to imprisonment with prison labor for a sexual crime as seen above and the risk of recommitting a sexual crime is also recognized.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous convictions: Inquiries, investigative reports (reports attached to the same kind of judgment), investigation reports (verification reports on the date of release);

1. The risk of recidivism in the judgment below: (a) the Defendant committed the second crime of this case before the lapse of 10 years from the expiration date of the term, even though he had already been sentenced to imprisonment for a sexual assault crime; (b) the existing crime and the Act on the Punishment of the Crimes of this case are deemed to have committed rape or indecent act by intrusion upon the residence where a female woman is dead at night; and (c) the Defendant is deemed to have the risk of recidivism of sexual assault in light of the motive and circumstance of the crime of this case, the character and conduct of the Defendant, awareness and attitude of the sex, etc.

Application of Statutes

1..

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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