(영문) 인천지방법원 부천지원 2015.06.12 2015고합60

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(영문) 인천지방법원 부천지원 2015.06.12 2015고합60

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Criminal facts

On September 10, 2004, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for three years and six months in Seoul High Court on September 10, 2004, and were released on April 30, 2007 and the remaining period on September 15, 2007 was passed.

【Criminal Facts】

Around 17:00 on February 9, 2015, the Defendant: (a) at the house of the victim D (Woo, 52 years old); (b) had a mind to rape the victim, one’s wife; (c) had the arms and shoulder part of the victim requesting returning home, placed the victim’s arms and shoulder on the floor; (d) had the victim’s two descendants laid down on the part of the victim’s body so as to prevent the victim from resisting; (c) had the victim’s knife off with one hand; and (d) had the victim’s knife with panty; and (d) had sexual intercourse once with the victim.

[Judgment of the court below] The Defendant, as stated in the records of a criminal record and a criminal record, was sentenced to imprisonment with prison labor for a sexual crime and committed a sexual crime within ten years after the execution of the sentence, and committed a sexual crime on two or more occasions, and the habit of committing a sexual crime is recognized and is likely to recommit a sexual crime.

Summary of Evidence

1. Legal statement of witness D;

1. E prosecutorial statement;

1. Each investigation report;

1. Recording book (35 pages of evidence);

1. Each certified copy of the removed family register and family relation certificate;

1. Photographs of the victim's residence;

1. The risk of recidivism of a sexual crime: The defendant was sentenced to imprisonment with prison labor for a sexual crime as stated in the facts constituting the crime in the judgment of the court and committed a sexual crime against the victim who is an offender at another time within ten years after the execution of the sentence is completed; the risk assessment degree of a sexual offender at the Korean level recognized by the statement in the response to a request prior investigation (KSAS) and the screening scheme for a mental disorder; and other factors such as the motive, relationship with the victim, psychological condition, etc. of the defendant.

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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