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(영문) 의정부지방법원 고양지원 2014.11.07 2014고합149
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Criminal facts

On June 21, 2012, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) are a person who was sentenced to two years of imprisonment with prison labor and five years of the attachment order of an electronic device at the Incheon District Court on the grounds of indecent act by force, etc. and the execution of the said imprisonment with prison labor on March 28, 2014.

【Criminal Facts】

On June 25, 2014, the Defendant, at around 14:00 on July 14, 2014, sought payment of the drinking value from the victim by failing to pay the drinking value after drinking alcohol at the E main point in the management of the victim D (the age of 59) located in C (the Defendant, who was administered at the time, would pay the drinking value to the victim, and went back to the above telecom.

At around 15:47 on the same day, the Defendant tried to rape the victim after suppressing the victim’s resistance by taking off the parts of the victim’s clothes, which are dangerous articles in the main machine (20cm in length, 9cm in blade) from the victim’s fat 105, “I will fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime as above, and committed a sexual crime within ten years after the completion of the execution of the sentence, and committed a sexual crime again despite the record of being attached with an electronic tracking device for a sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Records of seizure and the list of seizure;

1. Previous records before ruling: Criminal history records, investigation reports (report on the same criminal records as a suspect), investigation reports (report on the period of repeated crimes of a suspect), and criminal records;

1. The risk of repeating a crime as indicated in the holding: The following circumstances, which are acknowledged by each evidence as indicated in the ruling and by the statement of the claim assistance society:

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