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Defendant shall be punished by imprisonment with prison labor for seven years and by a fine of two million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal record] On June 29, 1994, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) were sentenced to 12 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery and Rape) at the Busan High Court. On April 4, 2008, the Daejeon District Court was sentenced to 4 years of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims (special rape). On December 15, 2011, the Daejeon District Court rendered a decision to attach an attachment order 5 years of attachment order, restriction on outing at night after 21:00, and completion of a sexual assault treatment program.
On March 21, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders in the Daejeon District Court Hongsung branch on March 21, 2017, and completed the execution of the sentence on March 12, 2018.
【Criminal Facts】
1. Around November 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) has maintained a friendly relationship with the victim, who was aware of the victim D (a name, leisure, 57 years old) who works as a driver at the service office located in Hongsung-gun, Hongsung-gun (C) as a driver at the service office located in the said office.
On March 21, 2020, from around 09:00 to 17:00, the Defendant, along with the victim, engaged in fishing at “E fishing place” and divided the subject matter into the subject matter and changed the place to the victim’s residence.
On March 21, 2020, the Defendant, at around 20:00 on March 21, 2020, followed the victim and her drinking in the room located in Hongsung-gun F, Hongsung-gun, the Defendant: (a) followed the victim who was on the part of the withdrawal; (b) led the victim to her arms on her part; (c) caused the victim’s sexual intercourse, and (d) expressed the victim’s intention to spawn and refuse to do so; (b) however, the Defendant stated that “I will only be able to do so on one occasion; (c) whether I wish to do so; (d) whether I wish to do so promptly.”