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(영문) 대구지방법원 서부지원 2013.06.13 2013고합63
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강제추행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The facts leading to the cause of the attachment order and the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of five years on September 11, 2008 by imprisonment with prison labor for the crime of bodily injury resulting from indecent act by compulsion at the Daegu High Court, and on June 24, 2009, for the crime of violation of the Road Traffic Act in the Daegu District Court Port Branch of the Daegu District Court on June 24, 2009, two years of a suspended sentence of six months; and on August 16, 2010, five years of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special rape) in the Daegu District Court Port Branch of the Daegu District Court on November 23, 2010, each of the above suspended sentence becomes null and void due to the final judgment and on November 28, 203, as well as a person sentenced to a suspended sentence of two years and six years of imprisonment with prison labor for rape.

【Criminal Facts】

At around 05:30 on December 24, 2009, the Defendant: (a) reported the victim E (the victim, 35 years of age) walked in the D cafeteria located in Nam-gu, Nam-gu; (b) followed the victim, while scaming a female in mind that he would commit an indecent act; and (c) scam the victim’s clothes attached to the victim’s clothes; and (d) scambling the victim by scam the victim’s resistance, saying the industrial knick, which was a deadly weapon prior to scambling the victim’s face; (b) however, the victim knifed the industrial knife in the Defendant’s hand, knife the Defendant’s hand knife, knife the Defendant’s face, knife the victim’s face, walking the victim’s knife, and led the victim to escape, but the victim attempted to flee.

[Judgment of the court below] The defendant is guilty of having committed a sexual crime on two or more occasions and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Report on the occurrence of a case in violation of the Punishment of Violences, etc. Act;

1. Each report on investigation;

1. The genes.

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