(영문) 대전지방법원 천안지원 2018.11.28 2018고합143

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(영문) 대전지방법원 천안지원 2018.11.28 2018고합143

강간

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed and notified for a period of five years.

For the defendant.

Reasons

Criminal facts

On January 4, 2013, the Daejeon High Court sentenced the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") to five years for a violation of the Act on the Protection of Juveniles from Sexual Abuse (e.g., deceptive scheme), and completed the execution of the sentence on September 17, 2017.

[2] On July 7, 2018, the Defendant: (a) 22:00, on the ground that, at the point of “E” located in the south-gu Seoul Metropolitan City, Nam-gu D market, the Defendant was able to drink alcohol with the victim F (n, 45 years of age) and move to the victim’s house; and (b) she was able to drink a taxi and move to the victim’s house; and (c) she was able to request the victim’s house to reconven with the victim’s voice before the victim’s house, and even if the victim’s house fails to comply with the request, the Defendant expressed an attitude of continuing sound.

Therefore, the victim has been forced to enter the victim together with the defendant.

At around 00:35 on July 8, 2018, the Defendant received several demands from the victim's house located in the Dong-gu G apartment unit located in Nam-gu, Nam-gu, Nam-gu, Seoul, to return to the victim's house. However, the Defendant: (a) led the victim's hand; (b) exceeded the victim's kis and panty; (c) laid the victim's dog up to the victim's shoulder; and (d) prevented the victim from breaking the victim's shoulder by double hand on the part of the victim; and (b) sexual intercourse with the victim once.

[The facts underlying the attachment order] Defendant was sentenced to imprisonment with prison labor for a sexual crime as above, and again committed a sexual crime within 10 years after the completion of the execution of the sentence; Defendant committed a sexual crime despite the record of having already been attached with an electronic tracking device for a sexual crime; Defendant committed a sexual crime on at least two occasions, and Defendant has the risk of committing a sexual crime again.

Recognized.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs (the place where such pictures are generated);

유사 판례

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-대전지방법원 천안지원 2018.02.07 2017고합221

-대전지방법원 2021.02.16 2020고합320