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(영문) 광주지방법원 2016.08.26 2016고합130
강간치상
Text

A defendant shall be punished by imprisonment for three years.

The personal information of the defendant against the defendant shall be used through an information and communications network for a period of five years.

Reasons

Criminal facts

On February 13, 2008, the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to three years of imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof in the Southern Branch of the Gwangju District Court on February 13, 2008, and on March 29, 2012, the Gwangju High Court sentenced four years of imprisonment due to rape injury, 10 years of attachment order of location tracking device, 10 years of attachment order of electronic tracking device, 10 years of notification order of personal information disclosure, and completed the execution of the sentence on October 29, 2015.

[2] In the event that the Defendant had no capacity to discern things or make decisions due to mental delay, the Defendant, at around 17:50 on April 10, 2016, was walking from the underground roadway near the D Company located in Gwangju Mine-gu, to the Fhump from the E basin to the Fhump. On April 10, 2016, the Defendant had a sexual desire to report the Victim G (the name, f., Jan. 1, 1989, 27 years old) suffering from the fry in the opposite direction.

Accordingly, the Defendant, after passing through the victim, cut back the clothes of the victim and cut down with the wall by leading the victim to the wall, and the victim play “Ie the liquor tax and the Do governor.”

“Along with the Defendant’s body, the Defendant tried to go out of the underground vehicular road.”

However, the Defendant continued to suppress the victim's resistance by cutting down the victim's left side with the wall, and tried to keep the victim's right away from the victim's panty, putting his hand into the victim's panty with the victim's panty, cryp in the victim's panty, cryp in the victim's panty, cryp in the victim's panty, and cryp in the victim's panty.

As such, the Defendant attempted to rape the victim by assaulting the victim, suppressing the victim’s resistance, but attempted to commit rape. However, the victim continued to resist and resist the victim’s sound, moves to the direction of the station of the underground roadway E, leaving the victim to know of the other persons, and going to the opposite direction, and going back to the attempted attempt. In this process, the victim requires approximately two weeks of treatment.

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