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(영문) 인천지방법원 2012.11.29 2012고합1100
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The punishment of the accused shall be five years of imprisonment.

Seized knife shall be confiscated.

For a period of 10 years, the information on the defendant.

Reasons

Criminal facts

On February 28, 1998, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of three years and six months in the Incheon District Court for the crime of rape injury. The above judgment was finalized on March 5, 1998.

【Criminal Facts】

On August 28, 2012, around 21:12, the Defendant: (a) met the victim D (or, 18 years of age) who promised to do so through the “C”, a mobile hosting site, at the front school located in the Seo-gu Incheon Sin-dong, Seo-gu, Incheon; (b) or (c) moved to the E-vehicle operated by the Defendant, after burning the Defendant, to the mother, the Defendant demanded the victim to have sexual intercourse within the vehicle; (d) but the victim was refused to have sexual intercourse at the end of G behind the same GuF, the victim was her face at one time; (c) the victim was knife with a deadly weapon prepared in advance ( approximately 8cm in length, approximately 20cm in total length), and (d) the victim was her knife with the victim, and (e) the victim was able to escape from the vehicle in the process of treatment of the victim, and (e) the victim was able to open the victim’s body or her clothes in his body.

[Fact that constitutes a ground for attachment order] The Defendant, as seen above, committed a sexual crime on at least two occasions including a previous offense, thereby recognizing the habit and committing a new sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each police statement of D and each Act and subordinate statutes before the request is made;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment: Articles 8 (1), 14, and 4 (1) of the Criminal Act;

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