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(영문) 대전지방법원 2014.07.25 2014고합149
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 10 years.

Reasons

Criminal facts

On June 16, 2011, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") were sentenced to two years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Daejeon District Court, and completed the execution of the sentence on February 26, 2013.

[Criminal Facts and Grounds for Attachment Order] On May 4, 2014, around 23:25, the Defendant: (a) reported that the victim D (Woo, 44 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, was placed only in the front of the visit, and (b) judged that the female her house was the house, and tried to rape the victim.

Accordingly, the Defendant attempted to rape the victim by putting and coercing the two grandchildren of the victim who did not go beyond the wall and do so, and passing through sound after opening the door of the victim's visit. However, the Defendant did not go against the victim's strong resistance and did not commit an attempted crime.

As such, the Defendant has committed two or more sexual crimes to commit such crimes, and is likely to recommit sexual crimes in light of the same criminal record, criminal method, personality and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs and written appraisal;

1. Previous convictions in judgment: A inquiry report, a copy of the judgment, and the current status of personal identification and confinement;

1. The risk of recidivism of sexual crimes as indicated in the judgment: In full view of the following circumstances recognized by the above evidence and a prior investigation report on the claim, it is recognized that the defendant is in danger of recidivism of sexual crimes and recidivism.

① The crime of this case committed by the Defendant was committed in the middle of the night and attempted to rape upon his residence. The Defendant, even in 201, had the record of having been sentenced to two years of imprisonment for an attempted rape by intrusion upon his residence at night.

The contents and methods of each such crime, and the defendant is very similar to the past crime.

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