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(영문) 수원지방법원 성남지원 2016.05.12 2015고합277
준강간
Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed and notified for a period of three years.

Reasons

Criminal facts

The facts leading to the attachment order [criminal facts] On November 22, 2015, the Defendant was working for the victim, etc. on November 23, 2015, when he was under drinking together with the victim C (at the age of 28), and the victim’s friendship with D, and was working for the victim, etc. on November 23, 2015, while he was under drinking together with D, and was working for the victim, etc. on the part of the victim, etc., and together with D, on the “Fel” located in Gwangju City E with D, the victim under subparagraph 209 was placed on the part of the victim.

On November 23, 2015, the Defendant: (a) had a mind to rape the victim; (b) had the victim returned to the said “Fururel” 209, where the victim sleeped, and had the victim sleeped at that place; and (c) had sexual intercourse once after having slick and panty.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

(2) On May 17, 2006, the Defendant and the applicant for an attachment order (hereinafter “Defendant”) were subject to a disposition of suspension of indictment on the ground of a violation of the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.) at the Sungnam Branch Office of the Suwon District Prosecutors’ Office, and on February 13, 2015, the Incheon District Court sentenced the Defendant to a suspended sentence of one year and six months for the crime of rape, and the judgment became final and conclusive on February 24, 2015.

Defendant committed the instant crime by taking advantage of the fact that the instant victim was in a state of resistance impossibility despite being under suspension of the execution of the instant crime for the crime of rape, and thus, there is a risk of repeating the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for each victim;

1. Scenesics by on-site photographs and CCTV images;

1. The Defendant committed the crime of quasi-rape in this case, even though he was sentenced to a suspended sentence of imprisonment for the crime of rape, during the suspended sentence.

The results of the assessment of the risk of sexual offenders in Korea (KSORAS) were examined at the level of 10 points below the total point of 10 points, and the results of the assessment of the PC-R at the level of 21 points below the total point of 21 points.

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