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(영문) 부산지방법원 2014.11.28 2014고합496
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)
Text

A defendant shall be punished by imprisonment for eight years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On September 24, 2008, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to one year of imprisonment and two years of suspended execution, and the judgment on October 2, 2008 became final and conclusive on September 2, 2008.

【Criminal Facts】

At around 05:00 on December 27, 2004, the Defendant, “Eju” operated by the victim D (n, 36 years of age) located in the Busan East-gu, Busan-gu, by drinking alcohol as the victim, and coming to rest with the victim, the Defendant threatened the victim’s resistance by threateninging the victim’s head, face, etc. with one hand, which is a thing dangerous to the table table with another hand, after the victim’s breathing the breath, the victim’s booms the victim’s breath and face, etc., and continuously coercing the victim’s face by threatening the victim’s breath.”

Therefore, when the victim sees the fat of play and speaks that "the victim will go to the toilet", the defendant sees the victim's fat, and sees the victim's fat to the toilet, sees the victim's fat to the rest in the toilet, and again sees the victim's fat to the fat of the main fat, lying the victim into the fat of the fat, lying the victim into the fat of the victim, and putting the victim's fat off,

As a result, the Defendant, carrying dangerous things, raped the victim, and committed an on-site and frightonal injury requiring hospitalized treatment for about 4 days.

[The facts constituting the cause of a request for attachment order] The defendant was sentenced to two years and six months of imprisonment with prison labor for rape, etc. at the Busan High Court on September 8, 199, and on July 20, 2001, again commits the sexual crime of this case, which is similar to the method of crime, within ten years after the execution of the sentence was completed, and there is a risk of recommitting the sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement of D. D.

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