beta
(영문) 의정부지방법원 2017.11.30 2017고합329

유사강간

Text

A defendant shall be punished by imprisonment for two years.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

The Defendant and the person requesting the attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for not more than one year and six months and three years of suspension of execution on August 20, 202. On March 20, 2003, the Seoul High Court was sentenced to imprisonment with prison labor for an indecent act by force and three years of short-term two years and six months. On June 19, 2015, the Defendant and the person requesting the attachment order (hereinafter “Defendant”) were sentenced to two years of imprisonment with prison labor for an attempted rape in the Suhyup Support in Suwon Friwon, and the execution of the sentence was completed in the Ansan Prison on March 15, 2017.

【Criminal facts】 On September 14, 2017, the Defendant, at the age club located in the city around the new wall, drinked to 303 Eel in Do Government-si D for the purpose of drinking alcoholic beverages together with the victim C (for the first time, 44 years old) who met the alcoholic beverages.

At around 05:00 on the same day, the Defendant saw both arms on the body of the victim who was seated to the bet the bet for drinking of the prepared alcoholic beverage at the bet room in order to suppress the victim's resistance by hand, and boomed the victim's chest with his hand, and continued to breath off the part of the victim's clothes.

Accordingly, the Defendant committed an act of inserting part of body such as fingers, etc. in a person’s sexual organ by assault or intimidation.

【The facts constituting the cause of the attachment order】 The Defendant is found to have committed three-time sexual crimes as shown in the above criminal records, and the Defendant again committed the sexual crimes as described in the above criminal records only for six months after the execution of a sentence of imprisonment was completed due to a sexual crime, and there is a risk of recommitting the sexual crimes in light of the circumstances, method, etc. of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A previous conviction: A written reply to inquiry, such as criminal history, investigation report (a), confirmation of whether a repeated crime is committed, and attachment of judgment related to the same kind of power);

1. The risk of recidivism of sexual crimes as indicated in the judgment;