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(영문) 서울남부지방법원 2017.03.30 2016고합550

강간미수

Text

A defendant shall be punished by imprisonment for three years.

The defendant's disclosure of information about the defendant is made through an information and communications network for a period of four years.

Reasons

On May 27, 1993, the facts constituting the crime and the cause of the attachment order [the criminal records] Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) were sentenced to a suspended sentence of four years on the grounds of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Seoul High Court, and two years of imprisonment with prison labor for the attempted rape at the Seoul High Court on May 15, 1997; and on September 20, 2007, by the Seoul Southern District Court, for the crime of bodily injury resulting from rape, etc. at the Seoul Southern District Court for a suspended sentence of four years and six months.

[2] On October 22, 2016, around 23:30 on October 22, 2016, the Defendant offered that the Defendant had a defect in the sexual relationship with the victim E (hereinafter “victim”) while drinking alcohol with D main points located in Yangcheon-gu Seoul Metropolitan Government, but was rejected.

The Defendant attempted to rape the victim after suppressing resistance, such as: (a) the victim was her head, forced her head, led the victim into studio; (b) the victim was pushed the victim’s head; and (c) the victim was pushed down on the part of the victim’s body; and (d) the victim was her head and panty; (b) the victim was her head and panty; and (c) the victim was her fingerd with the victim’s hand; and (d) the victim was her chestd with the victim’s hand, and her chestd with the victim’s chest, and attempted to rape the victim; (c) but (d) the victim was her head and her head and was under contact with the State F and F.

[In light of the past punishment records, such as repeating a crime against the main place of business, entertainment receptionist, etc., the background leading up to the instant crime, and the character and conduct of the Defendant, the Defendant is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Experience】

1. Written reply to inquiries, such as criminal history, (A), investigation report (Attachment of a copy of the judgment, etc.), and each judgment [criminal facts as stated in the judgment];

1. Legal statement of witness F;

1. Entry of a defendant in part in the protocol of second public trial;

1. The statements made by the witness and G in the third trial records; and