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(영문) 창원지방법원 마산지원 2014.08.20 2014고합38
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant's registered information is disclosed through an information and communications network for five years.

Reasons

On November 17, 1994, the Defendant was sentenced to 8 years of imprisonment with prison labor for murder, etc. at the Busan High Court on August 15, 2000 during the execution of the sentence (the scheduled termination date of the sentence on June 9, 2002). On May 10, 2001, the Busan High Court sentenced the Defendant to 2 years and six months of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. in relation of relatives) and completed the execution of the sentence on April 1, 2003, which became invalidated on November 28, 2004, respectively.

In addition, on May 30, 2007, the Defendant was sentenced to three years of imprisonment by force at the Changwon District Court for the crime of bodily injury by force, etc., and the judgment became final and conclusive on August 29, 2007, and on September 10, 2013, the Busan District Court sentenced one year of suspension of execution to four months of imprisonment for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court, which became final and conclusive on September 18, 2013, and on January 22, 2014, the judgment became final and conclusive on May 29, 2014.

Criminal facts

[2014Gohap38] Around 02:50 on February 11, 2006, the Defendant passed a road front of the Masan Hospital located in the Masan-si, Musan-si. On February 11, 2006, the Defendant was in mind to raped the victim D, an acting driver, and had the victim drive the said vehicle as an agent for the said vehicle, and reached a public parking lot located later than E in Changsi-si around 03:30 on the same day.

The defendant threatened the victim's neck, which is a dangerous object, with the victim's neck, "hump death............................ the victim's neck, chest, side gate, etc. were humped by several times, etc., and forced the victim's resistance, and exceeded all the part of the victim's hump, and inserted his sexual organ into the quality of the victim's hump, and rape the victim. As a result, the victim does not constitute the days of treatment

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