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(영문) 부산지방법원 동부지원 2017.08.08 2017고합124
강간상해
Text

A defendant shall be punished by imprisonment for four years.

The personal information of the defendant against the defendant shall be used through an information and communications network for a period of ten years.

Reasons

Criminal facts

On June 5, 2017, the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") sent alcohol to the "E main store" operated by the victim D (I, 58 years old) located in Suwon-gu, Busan (I, 58 years old) where the main domicile of the defendant was entered as a customer on one occasion before around 02:25, 2017.

The defendant got in company with the victim who was in company with the victim who had been in company with the victim who had been in company with the victim, and went to the entrance as if he would go back to the house, and got out of the entrance room to the inner room of the entrance, and got out of the victim's face, etc., and got out of the victim's face.

In addition, the defendant is driving the victim's chest with his/her fingers, booming the victim's sexual organ to his/her sound part, and then misunderstanding the victim's "packer".

B. It is also no superior to the death.

per must die from now.

D. In other words, without any condition, the victim attempted to commit rape after suppressing the victim’s resistance, such as intimidation, etc., but the victim was unable to escape out of the main point and attempted to commit an attempted crime by taking advantage of the gaps in which the victim’s sexual customer entered the said main point.

As a result, the defendant attempted to rape the victim, and in the process, the victim suffered bodily injury, such as the impairment of sacrife of 20 days, which requires treatment between about 20 days.

[The facts leading to the attachment order] On July 4, 2014, the Defendant was sentenced to a suspended sentence of three years on July 12, 2014 to imprisonment with prison labor for rape in the Dong branch of the Busan District Court, and the said judgment became final and conclusive on July 12, 2014.

Although the Defendant had had been punished for a sexual crime as above, it is recognized that the Defendant committed a sexual crime on two or more occasions during the suspended execution, such as committing a sexual crime against the victim as stated in the judgment during the suspended execution period, and thus, is likely to recommit a sexual crime.

(i) the evidence;

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