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(영문) 대구지방법원 2014.06.27 2013고합346
준강간
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 five years.

Reasons

Criminal facts

The defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") were sentenced to a maximum of four years and six months of imprisonment for the crime of rape at the Daegu District Court on October 14, 1998 and a minimum of three years and six months of imprisonment for the crime of rape, and on August 7, 2009, the Daegu District Court sentenced the defendant to a suspended sentence of three years and six months of imprisonment for the crime of rape and injury, and the above judgment was finalized on August 15, 2009.

【Criminal Facts】 On May 29, 2012, the Defendant: (a) around 02:30 on May 29, 2012, in a ward of D Building 306, the residence of the Defendant in Daegu-gu, Daegu-gu, for drinking alcohol together with the Defendant E living together with the Defendant’s victim F (the age of 29) who was sexual intercourse; (b) discovered the victim who was locked in the inner room under the influence of alcohol, and tried to have sexual intercourse with such female.

On May 29, 2012, at around 06:00, the Defendant Dozed the victim as E in the above dwelling space, and had sexual intercourse with the victim by inserting the victim’s panty and brode, inserting his sexual organ into the part of the victim’s panty and brode, inserting the victim’s sexual organ into the part of the victim’s panty, thereby preventing the victim from suffering losses, and continuously inserting them into the victim’s flash.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

【The ground for requesting an attachment order of an electronic device】 The Defendant, who was sentenced to imprisonment with prison labor for a sexual assault crime as above, committed a sexual assault crime within ten years after the execution of the sentence, and committed a sexual assault crime on at least two occasions, and is likely to recommit the sexual assault crime.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The entry of witnesses F and G in the third protocol of the trial;

1. Statement made by the police of the F;

1. Response to the request for appraisal;

1. Previous records: Criminal records, inquiry reports on criminal records, reports on the results of confirmation of previous dispositions, and judgments of the same kind of power; and

1. The risk of recidivism of sexual crimes as indicated in the judgment: The above evidence shall be the same as the evidence.

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