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(영문) 대구지방법원 김천지원 2015.12.08 2015고합111
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On September 23, 2003, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for a period of 12 years due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Robbery and Rape) at the Suwon District Court, and completed the execution of the sentence on June 4, 2015.

【Criminal Facts】

On August 22, 2015, at around 04:15, the Defendant opened a string door, which is a workplace dormitory of the victim E (the age of 27) located in the Gu, Si, Si, Si, Gu, with a view to reporting the victim who was locked at a small room and committing similar rape, and prevented the victim from resisting by intimidationing, such as “the victim knife in the side, knife, knife, knife,” and “the victim knife, knife,” and let the victim resist the victim’s clothes, cut off the victim’s chest and flife, cut the victim’s chest and flife, put the victim’s knife into the part, put the victim’s sexual flag into the victim’s knife.

Accordingly, the defendant invadedd the victim's residence, thereby committing similar rape.

[Facts constituting the ground for an attachment order] The Defendant is found to have committed a sexual crime on at least two occasions, and the Defendant is likely to recommit a sexual crime in light of the background, method, character, and conduct of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each investigation report (in relation to the attachment of a detailed statement to handle the 112 Report, a suspect CCTV time analysis report), a detailed statement of handling the 112 Report, and each photograph;

1. A request for appraisal, reply and written appraisal;

1. Records before and after judgments: Criminal history records, inquiry reports, investigation reports (revolving repeated crimes and confirmation), judgment, and current status of personal identification and confinement;

1. The following circumstances, which are acknowledged by the evidence mentioned above and the statement of a prior investigation of the claim against the defendant and the danger of recidivism of the sexual crime committed in the judgment, i.e., the defendant returned home in the middle of the trial.

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