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(영문) 수원지방법원 여주지원 2014.09.11 2014고합15

준강간

Text

A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

【Criminal Facts】

Defendant

On May 11, 2012, an applicant for attachment order (hereinafter referred to as the “defendant”) was sentenced to imprisonment with prison labor for three years at the Seoul Southern District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), and the said judgment was finalized on May 19, 2012, and is still under suspension of execution.

At around 09:40 on February 26, 2014, the Defendant, at around 09:40, 09:40, carried together “D” penta 101 located in Gyeonggi-si, the Defendant, using the gaps where the Victim E (Influence, 18 years of age) drinks alcoholic beverages in the side and locked, had the victim’s finger, panty, and inserted his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of impossibility to resist.

[Fact of the ground for requesting an attachment order] The Defendant is found to have committed sexual assault crimes at least twice as above, and there is a risk of recommitting sexual assault crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. The statement of each police officer made to F and G;

1. Investigation reports (verification of details of 112 declarations);

1. The risk of recidivism in the holding: (a) the following circumstances recognized by the evidence as mentioned above and the claim pre-trial investigation; (b) the Defendant was sentenced to a suspended sentence of three years on May 11, 2012 to imprisonment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.); (c) the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.); and (d) the crime of this case and its circumstances or methods are similar to the rape of the victim under drinking alcohol; (c) the risk assessment degree of sex offenders against the Defendant at the level of "high risk of recidivism" with the total point of 13 points as a result of the assessment of the risk of recidivism in Korea (K-SORS); and (c) the Defendant’s total point of 24 points as the result of the diagnosis of mental disorder and the result.