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(영문) 광주지방법원 2020.01.10 2019고합453
강간치상등
Text

Defendant shall be punished by imprisonment for a term of eight years and a fine of 150,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

On April 4, 2013, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") issued by the Gwangju District Court sentenced the defendant to six years of imprisonment for rape, etc. and completed the execution of the sentence on October 24, 2018.

【Criminal Facts】

1. The Defendant, on October 25, 2019, tried to leave the victim’s arms to the victim C (the 80-year old-old) who is a local resident in front of the O-cafeteria at the C-O-O restaurant located in B of the C-O-Gun on October 17, 2019. The Defendant, who was rape, was born to the back of the O-O-type 2, 200, was laid to the back of the 17:0, and then was laid to the back of the O-O-type D, and then, tried to get the victim’s arms to be towed, let the victim walk the her arms on the floor and get out of the victim’s clothes. However, even though the victim was refused to get the victim’s clothes, the victim did not go against the Defendant’s shoulder and continuously resist the intent.

As a result, the defendant tried to have sexual intercourse with the victim due to violence, and thereby, the victim suffered bodily injury such as crypitis, tension, etc. which requires medical treatment for about two weeks.

2. Around 16:50 on October 25, 2019, the Defendant was driving a motor vehicle without a license for a motorcycle on a section of approximately 2 km from the front side of the above Ocafeteria to the front side of his house located in the YY E, without obtaining a license for a motorcycle driver.

[In addition to the crime of causing rape in the judgment of the court below, the defendant committed a sexual crime on February 5, 1993, such as rape and bodily injury resulting from rape at the Gwangju High Court on November 12, 2002, which was sentenced by the Seoul High Court on March 28, 2008, on March 28, 2008, on two or more years of imprisonment with prison labor and six years of imprisonment with prison labor for rape, etc., and on April 4, 2013, which was sentenced to six years of imprisonment with prison labor by the Gwangju District Court on February 5, 1993, and committed a sexual crime again.

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