Defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed and notified for five years.

Punishment of the crime

[criminal record] On November 12, 2004, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to ten years of imprisonment due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, Rape, etc.”) in the Daegu District Court Kimcheon Branch of the Daegu District Court on November 12, 2004 and completed the execution of the sentence in the Daegu Prison on August 16, 2014.

【Criminal Facts】

On July 29, 2016, the Defendant: (a) around 02:35, around 02:35, opened and opened a closed door, which is the residence of the victim D (alias) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) opened and opened a closed door; (c) opened the closed door to the victim’s panty; and (d) stored the hand in the victim’s panty; and (d) collected the hand over several times in the victim’s panty.

As a result, the defendant invaded another's residence, and used the victim's failure to resist, thereby committing quasi-Rape.

The Defendant has already been punished twice as a sexual crime, and two years have not passed since the release, and there is a risk of recommitting a sexual crime, such as committing the instant crime with an electronic device attached at the time when the two years have not passed since the release.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the results of field identification;

1. On-site photographs, CCTV photographs, etc., and field identification photographs;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports (former records and attachment of judgment);

1. The risk of recidivism in the judgment: The following circumstances are recognized according to the evidence presented in the judgment and the reply to the written request prior to the request.

① The Defendant had been sentenced twice to the punishment due to a violation of the Act on the Punishment of Sexual Crimes, the Protection of Victims thereof, etc., robbery and rape, and a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special robbery, rape, etc.). Accordingly, the Defendant again committed the instant crime without attaching an electronic tracking device during the period of repeated crimes, even though he/she has long served therein.

2. The robbery and rape.