(영문) 춘천지방법원 2018.12.14 2018고합51

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.12.14 2018고합51

강간등

Text

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

The defendant shall be disclosed and notified to the public for a period of five years.

Reasons

Criminal facts

The facts constituting the crime and the reason for the attachment order [the defendant] The defendant and the person who requested the attachment order (hereinafter referred to as "the defendant") shall be free from the victim's will in the toilet No. 126 of the DMoto C located in Chuncheon City around January 20, 2018, with the intent of rapeing the victim E (Woo, age 46) who is the front wife of the defendant, although the victim tried to be out of the victim's will, "I do not refuse to do so, I do not am."

"A shower who was located at the place, she saw the victim's neck, so far as it is difficult to stroke the victim's neck so far by hand, she was off the victim's neck and panty, and raped the victim by inserting the Defendant's sexual organ into the part of the victim's sound.

[The facts leading to the attachment order] On March 31, 200, the Defendant was sentenced to one year and three years of imprisonment for an indecent act in the resident stay support of the Daegu District Court on November 5, 2004 to two years and six years of suspension of execution, and one year of suspension of execution and three years of imprisonment for an electronic tracking device attachment order, respectively.

As above, Defendant again committed a sexual crime within 10 years after having been sentenced to imprisonment with prison labor for a sexual crime and the execution thereof has been completed, committed a sexual crime despite the record of attaching an electronic device, and committed a sexual crime more than twice, and thus, Defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness, victim and F;

1. A gene appraisal report, investigation report (the results of inquiry into the DNA personal information of the detained suspect), and the results of inquiry into the DNA personal information of the detained suspect;

1. Investigation reports (Attachment to the same type of judgment) and application of Acts and subordinate statutes concerning the current status of personal confinement;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Special cases concerning the punishment, etc. of sexual crimes under an order to disclose or notify;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-형법 제297조

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