beta
(영문) 대구지방법원 서부지원 2017.05.18 2017고합42

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

On September 18, 2012, the person against whom the attachment order was requested (hereinafter referred to as “defendant”) was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Daegu District Court, and on January 22, 2015, the execution of the sentence was terminated at the Daegu District Court on January 29, 2016 after being sentenced to one year and six months for habitual theft, etc.; and on February 5, 2015, the execution of the sentence was completed at the Daegu District Court on July 29, 2016.

1. A similar rape: (a) around 03:40 on February 17, 2017, the Defendant: (b) accessed the victim E (the 29-year-old age), who was fluord in front of the D main points in Daegu Suwon-gu, Daegu-gu, A, as if he were a substitute driver, had the victim go on the top of the said car operation; and (c) had the victim go on the top of the said car operation while driving the said car; and (d) had the victim flurd to move the victim with his personal intent by reporting the victim’s flurging car.

Then, the Defendant: (a) expressed his attitude in which the victim was able to contact his own smartphone with her husband in order to prevent the victim from requesting relief; (b) at the same time, if she did not hear his/her speech, the victim’s resistance would be threatened to the victim’s body; and (c) at around 03:53 on the same day, around 03:53 of the same day, the Defendant set up the said car on the road in the vicinity of the “H restaurant” adjacent to the same Si-Gun G in the same Si-Si-Gun on the same day and want to talk with the victim.

".............. the chest and the fel of the victim met several times, and the part of the victim was cut off, and the part was frightened, and the part was frighten of the victim, and the part was frightened by other descendants.

In this respect, the Defendant raped the victimized person.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) shall be 97,000 won in cash, which was left away from the top floor of the said car at the same time and place as paragraph (1).