(영문) 서울서부지방법원 2015.01.30 2014고합308

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(영문) 서울서부지방법원 2015.01.30 2014고합308

강간

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1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. On the date of termination of the execution of the above sentence against the person against whom the probation order is requested.

Reasons

Criminal facts

On July 21, 2014, the Defendant, at around 21:00 on July 21, 2014, at the main point of “D” located near Jongno-gu Seoul Metropolitan Government C Station, the Defendant first talked with the victim E (the name, the age of 24) through the Internet bed, and had a sense of view while talking with the victim.

Accordingly, the Defendant asked the victim that he would go to house to report only by the person who was inside house, and entered the room with the victim at around July 22, 2014, which was located in Mapo-gu Seoul, Mapo-gu, Seoul, with the victim at around 02:08.

In the above 801 room, the Defendant continued to have a shower with the victim, reported that the victim saw a shower and suffered a shower, followed his sexual impulse to rape him. The Defendant saw the transport of the victim with his left hand, and opened his body with the victim "Imma" as "Imma" in the left hand, and divided the two arms of the victim into the beds with the Defendant's hand, and made it impossible to resist the body of the female, and sexual intercourse with the female.

The requester for probation order of 2015 early 15 is a person with a single sexual crime record and has been at the level of "halfway" as a result of the evaluation of the risk of recidivism, and has been engaged in a life without restriction by leaving his/her parents away, and has committed a second offense, and there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each request for appraisal;

1. A credit card sales slip or medical record for sexual assault victims;

1. Cut photographs of a fel, caps of the victim's bodily injury by capturing out of the tele, or by capturing out of the telecom or by cutting out external CCTV images;

1. The risk of recidivism in the judgment: According to each of the above evidence and the statement of criminal history inquiry, the defendant committed a sex offense against the victim first committed at a meeting of friendship, the defendant was in a sexual assault before around 2013, and the risk assessment of the Korean sex offender also.

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