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(영문) 대구지방법원 2018.10.12 2018고합289
강간상해등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[The record of the crime committed by the Defendant and the claimant for the order to observe the protective police officer (hereinafter “Defendant”) was sentenced to six years of imprisonment for the crime of injury or injury resulting from rape at the Daegu High Court on October 11, 2012 and completed the execution of the said sentence on May 10, 2018.

[Criminal facts] Whether the Defendant, on July 2, 2018, entered a restaurant operated by the victim D (V, 58 years of age) located in Daegu Suwon-gu C on July 2, 2018, and without any justifiable reason, entered the restaurant and received a alcohol from the victim D (V, 58 years of age).

“In the course of opening the entrance at the opening of the entrance, the victim was raped by the opening of the entrance, such as again closing the door, etc., the victim was able to rape the victim, and the victim was attempted without having the intent to commit it on the part of the victim, such as “the victim was able to take off the victim’s head, knife the victim’s head, towing the victim’s head, leading the victim into the room, leading the victim’s face to the drinking, and trying to get off the victim’s side by avoiding the victim’s resistance by walking the victim’s side with the boom, leaving the victim’s back, and leaving the door, but the victim tried to rape, but the victim was able to put the victim’s clothes and “emergency level is divided, she will come off.”

As a result, the defendant tried to rape the victim, but did so in attempted attempts, and suffered bodily injury, such as cutting the peltos that require approximately three weeks medical treatment to the victim.

The Defendant, as the above, committed a sexual crime and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Detailed photographs, the 112 reported case list, and the medical certificate of injury;

1. A report on investigation (as to the victim's photograph);

1. Previous records: Investigation report (verification as to whether a repeated crime is repeated), the current status of personal confinement, inquiry into consolidated cases, and judgment;

1. The evidence presented prior to the risk of recidivism of the sexual crime as indicated in the judgment and the record prior to the claim and the theory of the change in the records.

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