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(영문) 대구지방법원 2016.12.16 2016고합421
준유사강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to a fine of one million won for the crime of quasi-indecent act by force on July 15, 201. On May 24, 2012, 201, the Defendant and the respondent for an attachment order were sentenced to imprisonment with labor for one year and six months and three years of suspended execution.

【Criminal Facts of Crimes】 On August 9, 2016, while driving a taxi for business purpose C without a taxi license, the Defendant got the victim E (tentative name, female, 19 years old) aboard as a passenger in the vicinity of D in Daegu-gu, Daegu-gu on August 9, 2016.

The defendant's studio in the bill of indictment at around 10:00 on the date when the victim was under the influence of alcohol, the above studio is written as a residence of the victim.

However, the victim, under the police investigation, stated that the place of crime is the same as the parking lot where the victim was in a place where the victim had no distance from the studio (the 20th page of the evidence record), and that the Defendant also under the police investigation, said that the victim was a taxi at the destination of the taxi, and said that the victim was divingd, and that the victim was satisfing at the studio parking lot near the studio in the studio (the 43-44 pages of the evidence record) even after the victim arrived at G, and that the above correction was made ex officio as above.

With the parking lot, the taxi was set up with the back seat of the victim, and later the victim's chest, her m, and her m, etc. were sent back to the back seat of the victim, and the victim's fingers were put in the victim's sexual flag.

As a result, the Defendant used a state in which the victim could not resist due to sleep, thereby committing similar rape.

【Fact that constitutes a cause for requesting an attachment order】 The Defendant has committed a sexual crime twice or more, and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Reports on internal investigation (the sequence 1 of evidence lists);

1. Records before judgment: Criminal records, etc. and the list of references to investigation reports and evidence;

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