beta
(영문) 수원지방법원 안산지원 2017.09.08 2017고합127

강간

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant's information about the defendant is used through an information and communications network for a period of five years.

Reasons

Punishment of the crime

[criminal record] On March 27, 2015, the Defendant and the requester for an attachment order (hereinafter “Defendant”) sentenced the Daejeon District Court to two years of imprisonment for the crime of rape and completed the execution of the sentence on March 26, 2017.

[2] The Defendant: (a) reported on the Internet hosting website, a written text suggesting the south of the conditions written by the victim D (the age of 29) and accessed the victim; and (b) sent 1.20,000 won in return for sexual intercourse to the victim; (c) exchanged contact with the victim to find out the place where the victim exists; and (d) received awareness of rape of the victim.

On May 15, 2017, the Defendant: (a) around 23:20 on May 15, 2017, sent shower with the victim in order to engage in commercial sex acts; and (b) held the face of the victim demanding the payment of commercial sex acts by drinking together with the victim; (c) stated, “I am a knife knife knife knife and knife knife knife and knife knife knife in the kitchen, if you do not do so; and (d) obstructed the victim’s body by failing to resist the victim’s knife knife by taking the victim’s hand.

[The facts leading to the attachment order of an electronic tracking device] On March 27, 2015, the Defendant was sentenced to two years of imprisonment for the crime of rape by the Daejeon District Court on March 26, 2015, and again committed a sexual crime identical to the facts stated in the judgment against the victim within ten years after the completion of the execution of the sentence in the Chungcheong Detention House on March 26, 2017, and the Defendant is likely to recommit a sexual crime in light of the criminal history of the Defendant’s same crime, the background of the crime, the method and similarity of the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A statement of 112 reported case processing, and a victim's photograph of assault;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, current status of personal confinement, investigation report (Attachment to the judgment, etc.);

1. The risk of recidivism of sexual crimes, the habits of sexual crimes as indicated in the judgment: the above evidence and the risk thereof;