beta
(영문) 울산지방법원 2015.11.20 2015고합164

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

A defendant shall be punished by imprisonment with prison labor for 12 years and fine for 2,000,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

On March 8, 2004, the Defendant was sentenced to two years and six months of imprisonment for the crime of rape, injury, or rape at the Busan High Court, and on December 11, 2007, the Ulsan District Court was sentenced to six years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc., and on June 4, 2013 when the sentence was being executed, the Defendant was sentenced to an order to attach an electronic tracking device for seven years at the Daegu District Court racing support, and on July 9, 2013, the execution of the sentence was completed.

【Criminal Facts】

"2015 Gohap164"

1. On June 7, 2015, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual intercourse with D and once with D, in return for giving KRW 200,000,00 to the Defendant’s residence inside the Defendant’s residence at Ulsan-gun, Ulsan-gun, a place where the Defendant had been living together, from entertainment taverns to the Defendant’s residence.

2. 성폭력범죄의처벌등에관한특례법위반(강간등상해) 피고인은 위와 같은 날 05:00경 위 피고인의 거주지에서, 위와 같이 피해자 D과 성매매를 하였으나 사정이 되지 않아 기분이 언짢은 상태에서 피해자가 귀가하겠다며 마당으로 나가자 피해자를 강간하기로 마음먹고 뒤따라나가 그곳 화단에 있던 위험한 물건인 낫을 집어 피해자의 오른쪽 목 부위에 들이대고 누르면서 시키는 대로 하지 않으면 죽이겠다고 협박하여 반항하지 못하게 한 후 피해자를 거실로 끌고 가 1회 간음하여 강간하였다.

As a result, the defendant raped the victim with dangerous articles, and thereby, inflicted injury on the victim, such as impairment of saves of face that requires treatment for about two weeks.

On December 11, 2007, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. by the Ulsan District Court on December 11, 2007.