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A defendant shall be punished by imprisonment for five years.
To the person against whom the attachment order is requested, a location tracking electronic device shall be attached for ten years.
Reasons
Criminal facts
On July 2, 2010, the defendant and the respondent for an attachment order (hereinafter referred to as "defendants") were sentenced to imprisonment with prison labor for a maximum of three years and six months and a minimum of three years on August 8, 2013, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on August 8, 2013.
(Criminal Facts)
1. On March 27, 2015, at around 03:00, the Defendant, at the main point of “E” located in Bupyeong-gu Incheon Metropolitan City, drinked alcohol with the Victim F (F) who was aware of Hunting from the said main point of “E” to around three (3) months prior to the said main point, and then, at around 07:00 on the same day, went to the victim’s residence in the Namdong-gu Incheon Metropolitan City Building, and went to the said residence while going to the said residence. However, the Defendant knew that he was living together with the victim, but was going to go to the second floor stairs.
피고인은 그곳에서 욕정을 느껴 피해자에게 키스를 하던 중 피해자가 피고인의 혀를 깨물며 반항하자 피해자를 강간하기로 마음먹고 손바닥으로 피해자의 뺨 부위를 5회, 주먹으로 눈 부위를 3회 때린 후 소리를 지르며 계속하여 반항하는 피해자의 머리채를 손으로 잡고 바닥에 여러 차례 찧고, 피해자의 목을 조르는 등 하여 피해자의 항거를 불능하게 한 다음, 피해자의 하의를 모두 벗기고 피고인의 성기를 피해자의 음부에 삽입하여 피해자를 1회 강간하고, 피해자에게 치료일수 불상의 눈 부위 좌상, 대음순 열상 등의 상해를 가하였다.
(In addition to the facts leading to the attachment order, the Defendant was sentenced to imprisonment with prison labor for a sexual crime, such as the foregoing criminal records, and committed a sexual crime within ten years after the completion of the execution of the sentence, and the commission of the sexual crime is recognized on two or more occasions, and the circumstances and methods of the crime, and the relationship with the victim.