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(영문) 수원지방법원 여주지원 2013.11.28 2013고합53
강간미수
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Criminal facts

On May 4, 2006, the Seoul High Court has been sentenced to two years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (13 years of age, minor rape, etc.).

【Criminal Facts】

On July 7, 2013, when the Defendant was getting on and off the Defendant’s franchiseer TG car at around 02:27, the Defendant: (a) discovered the victim F (20 years of age, female) walking on the front road of “E” located in Echeon-si, Gyeonggi-do; (b) went off from the vehicle to the rear of the victim; and (c) prevented the victim from getting on his own hand at around the time when the victim she went through the said road; (d) led the victim from the alley trees, she was able to kill, die without being able to do so; and (e) throw off the victim’s chest, and then she was able to kill, die, and die. At that time, the Defendant’s body was threatened by the victim, and the victim’s chest and the victim’s chest did not have his/her right to take on his/her hand, and (e) she did not have sexual intercourse with the victim’s chest, but she was out of the victim’s chest and her chest.

[Facts that cause an attachment order] The Defendant was sentenced to a punishment for a sexual crime, such as a criminal record, and committed a sexual crime again. The Defendant committed a sexual crime two or more times, and the commission of such crime is recognized, and there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Images after a CCTV closure;

1. Each report on investigation;

1. Records of judgment: Criminal records, etc. and inquiry reports and investigation reports (the same type of judgment and investigation reports);

1. The risk of recidivism of sexual crimes as indicated in the judgment;

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