logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.29 2015고합119
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The prosecution of this case is dismissed.

The request for the attachment order of this case is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. On November 21, 2003, the facts charged and the facts constituting the ground for the attachment order [criminal record] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to seven years of imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, rape, etc.) at the Seoul District Court.

【Criminal Facts】

A. On November 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) was willinging to have the victim C (here, 32) returning home to the above studio in front of the Dudio building in Gwanak-gu, Seoul Special Metropolitan City, with the intent of putting the victim into the hudio and rape.

Around that time, the Defendant: (a) committed an act of rape after suppressing the victim’s resistance, such as cutting down the victim’s neck, and breaking out the victim’s neck, by pretending the victim’s house door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door; (b) attempted to rape after suppressing the victim’s door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and did not commit an attempted act.

B. The thief Defendant, at the same time and place as in the preceding paragraph, tried to rape the victim as above, committed the attempted rape, and then stolen one part of the victim’s wall, which contained a cash of KRW 80,00,000, credit card 1, transportation card 1, and resident registration certificate 1.

[Fact of the ground for attachment order] Even though the Defendant had a record of having been sentenced to imprisonment for a sexual crime as stated in the above criminal facts, he/she again commits a sexual crime for more than three years and five months after the execution of the sentence was completed, and such a record is recognized, and is likely to recommit a sexual crime.

2. According to the death diagnosis document bound in the judgment records, the fact that the defendant died on May 23, 2015, which was after the prosecution of this case, is recognized.

Therefore, Criminal Procedure Act.

arrow