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(영문) 수원지방법원 안양지원 2016.04.08 2016고합13
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Criminal facts

On April 16, 199, the Defendant was sentenced to five years of imprisonment for rape or bodily injury caused by rape at the Suwon prison on December 12, 2003. On March 7, 2006, the Seoul High Court sentenced the Defendant to six years of imprisonment for robbery, rape, etc., and completed the execution of the sentence at the Daegu Prison on January 14, 2012.

[2] The Defendant, as a business taxi driver, was on January 17, 2016, and around 03:00 on January 17, 2016, and around 6:0, at the same time, the Defendant was on board the victim D (V, 39 years of age) with a hearing disability 1 on a rocketing taxi operated by the Defendant.

The victim boarding a taxi was under influence after having talked about 10km away from the place where the victim died at the entrance of the F Hospital located in the taxi, and was under influence of alcohol. While the victim was parked at the entrance of the above F Hospital, the defendant she did not shoulder the victim by locking the taxi. The victim was aboard the taxi at the nearby H construction site in Gunpo-si where approximately 10km away from that place.

At that place, the Defendant stopped the vehicle and prevented the victim from filing a report by cutting off the victim’s cell phone beyond the back seat on the part of the victim, and tried to take the victim’s neck in both hands and off the victim’s side.

Therefore, when the injured party walked against the defendant, the defendant exceeded all clothes that the injured party gets out of the above vehicle, and re-enters the injured party into the back seat of the taxi, frighten the injured party's chest and frighten, and attempted to rape the injured party, the above vehicle was temporarily set down in order to solve the situation of the construction site, and the injured party escaped and attempted to commit an attempted act.

Accordingly, the defendant attempted to rape the victim who is a disabled person.

[Judgment of the court below] Defendant 1 was sentenced to imprisonment with prison labor for a sexual crime as above, and thus, Defendant 1 again committed a sexual crime within 10 years after the execution of the sentence is completed.

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