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(영문) 대구지방법원 2014.04.04 2014고합21
강간치상등
Text

A defendant shall be punished by imprisonment for five years.

To the person against whom the attachment order is requested, an electronic tracking device shall be attached for 20 years.

Reasons

Criminal facts

【Criminal Power】 On February 18, 2005, the Defendant and the respondent for an attachment order (hereinafter referred to as the “Defendant”) were sentenced to five years of imprisonment on May 26, 2005 due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a minor under thirteen years of age), etc. at the Daegu District Court, which became final and conclusive on May 26, 2005. On January 12, 2006, the Daegu High Court sentenced the Defendant to two years and six months of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) and completed the execution of the sentence in the racing prison on January 20, 206.

[Around August 30, 2001, the Defendant: (a) accessed the mind to rape the victim D who returned from the bus on the road of the Daegu North-gu Seoul Northern-gu (hereinafter “Seoul Northern-gu”); and (b) asked PCs located in the LA; and (c) asked PCs located in the LA.

The Defendant: (a) led the victim’s door to a L building on which the PC bank is built; (b) led the victim’s door to open the PC bank; (c) led the victim’s door to the middle of the stairs of the third and fourth floor; and (d) led the victim to the middle of the stairs of the third and fourth floor; and (c) threatened the victim with the victim’s door to the end.

In that sense, the defendant, who rejected the victim's sex as soon as possible, was able to take the head of the victim, put the victim's sexual organ into the victim's entrance, placed the victim's hair in front and rear, and added the victim's clothes into the defendant's sexual organ after putting the victim's clothes off.

Accordingly, the Defendant was sexually raped by having the victim engage in sexual intercourse with kis, and the victim suffered approximately two weeks of treatment. The Defendant was sexually in need of approximately two weeks of treatment.

【Fact that constitutes the cause of an attachment order】 The Defendant committed a sexual crime against a victim under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

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