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(영문) 부산지방법원 2013.03.22 2012고합1158
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)미수
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 12, 2002, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to five years of imprisonment due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) and completed the execution of the sentence on September 29, 2006, on the ground that the Gwangju High Court rendered a "Rape of a woman living together through Internet hosting, and rape of another woman by intrusion upon the residence."

【Criminal Facts】

On May 2, 2009, the defendant discovered that the victim D (the 29 years of age) returned the goods to the office of accident at the convenience store in Busan, the Busan, the defendant followed the victim even before the Ba in which the victim is living in Busan, Seo-gu E.

Around 04:40 on May 2, 2009, the Defendant: (a) had a mind to rape the victim; (b) had the victim’s house door installed; (c) had the victim opened the door and intruded into the victim’s residence; (d) had the cell phone taken off the victim’s cell phone so that the victim may not report to the police; and (e) attempted to rape with the two arms by taking the victim away the cell phone to prevent the victim from reporting to the police; and (e) had the victim attempted to rape; (b) however, the victim attempted to commit the crime with the wind through the Defendant’s wind.

[Facts constituting the ground for an attachment order] The Defendant is found to have committed a sexual crime on at least two occasions, thereby committing such crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the results of searching DNA identification information;

1. Requests for appraisal;

1. Records of judgment: Criminal records, etc. inquiry reports, results of the search of prisoners, and investigation reports (Attachment to the judgment of the same kind);

1. The risk of recidivism and recidivism in the judgment: The following circumstances acknowledged by the above evidence and the investigation report prior to the request for attachment order, namely, the Defendant had the record of punishment for a sexual crime similar to the instant crime, as stated in the judgment, and thus, has the same record.

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