(영문) 서울동부지방법원 2017.12.21 2017고합276

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.12.21 2017고합276

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

A defendant shall be punished by imprisonment for three years.

The disclosure information of the accused is disclosed through the information and communications network for three years.

Reasons

Criminal facts

The facts leading up to the order of observation and protection / [criminal facts] The defendant and the claimant for the order of observation and protection (hereinafter referred to as the "defendant") want to drink alcohol to the victim before his/her residence in Gwangjin-gu Seoul Special Metropolitan City E (V, 25 years old) around 00:00 on August 25, 2017.

The proposal was made and then 02:25 on the same day after drinking the victim and drinking in the nearby restaurant, and it was in front of the above victim's residence, and the water was invaded into the victim's residence while opening the house with the victim.

At around 02:30 on the same day, the Defendant: (a) was required from the injured person to leave his/her house; (b) was placed on the part of the injured person; (c) was placed on the part of the injured person; (d) was placed in his/her body in a forced manner; and (e) was laid off with his/her body with his/her fingers, her fingers, knife his/her fingers with his/her fingers; (d) the victimized person was boomed with his/her fingers with his/her fingers, and tried to commit rape by suppressing his/her resistance; but (e) the victim was not able to resist his/her resistance.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

[Fact of the ground for issuing an order to observe the protection] Defendant is a person who has committed a sexual crime as stated in the facts constituting a crime and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecutor with respect to E;

1. Statement made by the police with respect to E (tentative name);

1. 112-Report CDs, CDs for improvement of sound, photographs of the number of escape images, and escape video CDs;

1. A written request for medical treatment;

1. The risk of recidivism of a sexual crime as indicated in the judgment: The following circumstances revealed by each of the above evidence, a copy of the sentence, a copy of the summary order, and a written investigation before the request, i.e., the defendant, around around 2012, shall be the crime of rape.

유사 판례

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