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A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
[Criminal Power] On October 5, 2001, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on December 7, 2002. On August 29, 2003, the Defendant was sentenced to one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on the same day.
【Criminal Facts】
On June 14, 2003, at around 06:25, the Defendant opened a door by inserting the credit card in the crepan 205 room in Busan Northern-gu C, and discovered the victim E (n, 17 years old) who was locked from the crepan by intrusion into the crepan.
The Defendant got off the victim’s panty, and tried to put the Defendant’s sexual organ into the panty of the victim, but did not bring the victim into the panty, and did not bring the victim into the panty of the victim, thereby making the victim enter the panty of the victim as soon as he did not achieve the intent.
Accordingly, the defendant attempted to rape the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of E;
1. The actual condition survey report;
1. Each request for appraisal;
1. Previous records: Application of Acts and subordinate statutes concerning inquiry reports, investigation reports (Attachment of relevant decisions), and personal identification and confinement status;
1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Articles 12 and 5(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Articles 319(1) and 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010) of the Criminal Act.