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(영문) 대구지방법원 2019.08.30 2018고합146
강간등
Text

A defendant shall be punished by imprisonment for three years.

The accused shall be given three years at child, juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Criminal facts

On October 15, 2017, the defendant and the person requesting probation order (hereinafter referred to as "defendants") visited "D" entertainment bars, which are conducted by the victim C (name, leisure, and age 22) located in Gangnam-gu Seoul Metropolitan Government, as a customer, to drink with the above victim and drink, and drink the above victim and drink the above victim, depending on the victim who retired from the service." The defendant and the person requesting probation order (hereinafter referred to as "defendants") provided meals together.

When the defendant was in the sea area with the victim, the victim got a taxi to get in the house, prevented the victim from getting out, cut off the victim's cell phone, and followed the victim's cell phone, and changed the victim into the Gangnam-gu Seoul EelF around 10:0 on October 15, 2017.

At this point, the Defendant, even though she was suffering from the victim's body, forced the victim's clothes, forced the victim's body, forced the victim's double arms and bridges, led the victim's resistance to the victim's resistance by force, and led the victim's fingers into the part of the victim's body, and raped the victim.

[Fact of the ground for requesting probation order] A person who has committed a sexual crime and is likely to recommit a sexual crime in light of the relationship of criminal conviction, violence tendency, and the attitude of committing the crime.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness C;

1. Each investigation report (including the sequence 5, 14, and appended materials of evidence list);

1. Each request for appraisal (the sequence 19,22 of the evidence list);

1. The report of the society before the request is made;

1. The risk of recidivism of a sexual crime as indicated in the judgment: In full view of the following circumstances recognized by the aforementioned evidence and other circumstances revealed in the oral proceedings, it is judged that the defendant is likely to recommit a sexual crime.

(1) The defendant has been punished ten times for violent crimes, and two times for suspension of execution, and two times for suspension of execution shall be criminal records.

(2) The defendant.

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