(영문) 서울남부지방법원 2020.02.07 2019고합383

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(영문) 서울남부지방법원 2020.02.07 2019고합383

성폭력범죄의처벌등에관한특례법위반(강간등상해)

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A defendant shall be punished by imprisonment for ten years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Criminal facts

The facts constituting the cause of the attachment order and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") are the persons who were sentenced to imprisonment with prison labor for not less than one year and six months, and two years and six months, respectively, due to the crime of rape, bodily injury resulting from indecent act by force, etc. at the Incheon District Court's Branch Branch on December 7, 2005. On November 3, 2016, the Incheon District Court sentenced two years to imprisonment with prison labor for robbery, etc. and completed the execution of the final sentence on September 7, 2018.

【Criminal Facts】

On September 8, 2019, the Defendant: (a) around 23:42, the Defendant was in front of 00 Bara, the residence of the victim C (the 26-year old), located in Yeongdeungpo-gu Seoul Metropolitan Government (the 26-year old-age), and entered the said Bara, by means of the gap immediately before and after the close of the entrance immediately after the victim opened the front door and immediately after the victim entered the above Bara; (b) the Defendant: (c) the Defendant was able to drive the victim into the elevator with the front door of the victim’s arm’s length; (d) the Defendant was able to drive the victim into the elevator with his left door from the rear of the victim; and (e) the Defendant was able to take the wind of the victim; and (e) the elevator continued to stop on the 3rd floor to drive the victim with the elevator and the victim; (e) the Defendant was unable to start rape the victim; (e) the Defendant was able to do so, and (e) the victim did not feel rape.

Accordingly, the Defendant attempted to commit rape by intrusion upon the victim’s residence, and attempted to commit rape. During that process, the Defendant laid the victim a brupt, which requires approximately three weeks of medical treatment.

[Judgment of the court below] The defendant was sentenced to imprisonment for a sexual crime and committed a sexual crime within 10 years after the completion or exemption of the execution of the sentence, and the person who had the record of being attached with an electronic device for a sexual crime has committed a sexual crime again.

유사 판례

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