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(영문) 광주지방법원 목포지원 2018.07.05 2018고합32
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The information on the accused shall be disclosed and notified for a period of three years.

Reasons

Punishment of the crime

On January 6, 2006, the Defendant was sentenced to four years of imprisonment with prison labor due to a violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof (special rape, etc.), a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof at night, a crime of larceny at night, an attempt of larceny at night, a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc.), a special robbery, or a quasi robbery, and the judgment on April 3, 2006 became final and conclusive.

On February 14, 2013, the Defendant was sentenced to a suspended sentence of two years and six months, and the judgment on February 22, 2013 became final and conclusive on August 22, 2013, due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc.) committed by the Jeju District Court on August 18, 2004.

Around 04:00 on June 1, 200, the Defendant intruded into D hotel 1 floor Ec., which was located in the Southern-gun C in the Southern-gun of the Republic of Korea, by an influence, and raped the victim by committing sexual intercourse with the victim by threateninging the victim to “defluence, hypine, hyp, and hypine hypine,” and inserting the victim’s hyp and panty, by inserting his sexual organ into the part of the victim, and inserting it into the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written statement;

1. A report on investigation, and a report on investigation;

1. A request for genetic appraisal, a response to a request for appraisal, and an appraisal report;

1. Data pertaining to the same person's report as a result of the DDA comparison, DNA identification data search results, DNA identification confirmation data search results, and DNA identification verification data search results;

1. A map around the site and a map around the site;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A), investigation report (the same type of suspect and the confirmation of ex post concurrent crimes);

1. Article 6(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 8059 of Oct. 27, 2006) and the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof.

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