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(영문) 청주지방법원 2014.07.18 2014고합35
강간상해
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Criminal facts

On December 8, 2010, the Defendant was sentenced to imprisonment for rape, etc. by the Suwon District Court on December 8, 2010, and completed the execution of the sentence on March 16, 2013.

【Criminal Facts】

At around 03:00 on December 14, 2013, the Defendant drinked alcoholic beverages with the victim Q (n, 19 years of age) within AP 301 located in Cheongju-gu AO in Cheongju-si, Cheongju-si, and refused it, but the victim refused it, and the victim met the face of the female by drinking the victim, and failed to resist by saying, “this spath, spath, spath, spath, and spath, spath,” making it impossible for the Defendant to resist the victim by drinking the victim’s face by drinking by drinking it, and making it possible for the victim to resist. In other words, the Defendant forced to go off the clothes of the female, cut off the body of the female, brud it on one hand, blad the victim from her be on one side, and inflicted injury on the victim, such as brain spathy, spathinging, and so on.

[Fact that constitutes a ground for an attachment order] The Defendant is sentenced to imprisonment with prison labor for a sexual crime, such as the foregoing criminal records and criminal facts, and committed a sexual crime within ten years after the execution of the sentence is completed, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness A Q;

1. The police statement of Q Q;

1. Medical opinion, and each injury diagnosis report;

1. An investigation report (report on the separation of evidence, photographs, and files against the victim);

1. Requests for genetic appraisal and response to requests for appraisal;

1. Results of fact-finding with respect to the Chungcheong University Hospital;

1. Previous convictions: Inquiry reports and investigation reports (verification of a suspect's repeated crime);

1. The risk of recidivism in the judgment: The following circumstances acknowledged by each of the above evidence and a prior investigation reply, namely, ① the Defendant has been sentenced once to the sexual assault crime stated in the judgment, and not only committed the sexual assault crime of this case within 10 years after the execution thereof, but also committed the sexual assault of this case again in a manner similar to the previous crime.

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