(영문) 대구지방법원 서부지원 2013.05.30 2013고합43

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2013.05.30 2013고합43

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

The facts leading to the attachment order [the facts of the crime] Defendant and the person subject to a request for the attachment order (hereinafter referred to as “Defendant”) under the influence of alcohol, when they lack the ability to discern things or make decisions, and when they walked on the third floor of the son D (In this case, the age of 43) who is a friendship in Daegu-gu Office C on December 10, 2012, reported and rape the above victim on the third floor of the son D (in this case, the age of 43). The victim tried to attract the victim to the warehouse because he was inside the victim and to attract him to the warehouse. The victim continued to resist the victim, “I want to attend, I want to do so, I want to do so,” and they walk the victim’s name, put him into the wheel and panpy and panpy.

As a result, the defendant tried to rape the victim who is a blood relative, and thereby, the victim suffered a multiple-time medical treatment for about two weeks.

[The facts constituting the cause of an attachment order] On June 11, 2010, the Defendant was sentenced to a suspended sentence of three years and six months by imprisonment for the crime of bodily injury resulting from indecent act by force at the Daegu District Court, which became final and conclusive on September 3, 2010.

As above, the Defendant is recognized to have committed a sexual crime more than twice, and there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Family relation certificate:

1. A medical certificate;

1. Each photograph;

1. Previous convictions: Criminal records and copies of written judgments;

1. The risk of recidivism of a sexual crime as indicated in the judgment: The following circumstances, which are acknowledged by the above evidence and the social reports prior to the request, namely, ① the Defendant committed a sexual crime twice, ② the Defendant committed the instant crime against her relative even though she was under the suspension of execution, ③ the risk of recidivism by the Defendant, as a result of the inspection conducted by the Korea KSAS, shall be the risk of recidivism of the sexual crime.

유사 판례

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