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

The defendant shall complete the sexual assault treatment program for 80 hours.

Criminal facts

On January 28, 2003, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for rape and bodily injury, etc. at the Busan District Court on April 28, 2004 and completed the execution of the sentence on April 28, 2004. On June 23, 2010, on September 19, 2010, the punishment was completely executed on September 19, 2010.

【Criminal Facts】

At around 06:10 on March 3, 2012, the Defendant found the victim D (the age of 27) who is a student of Chinese nationality, who was divingd in the Seo-gu, Busan, Seo-gu, Busan, about 06:10, with the intent to find out the victim D (the age of 27) and to commit an indecent act against the victim, and the victim was set up at the lower part of the victim's chest by hand inside the above earth so that the victim could be aware of the Defendant's criminal act, so that the victim could not control the victim's sound by putting the victim at a locker, the victim's voice, and the victim's sound could only be seen, and if so, the victim was dead, the victim's necked with both hands.

As a result, the Defendant committed an indecent act by taking advantage of the victim’s mental condition, and committed an influence in which the victim’s number of days of treatment cannot be identified.

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime as above and committed a sexual crime within 10 years after the completion of the execution of the sentence, and the Defendant committed a sexual crime on two or more occasions, thereby resulting in the recidivism of the sexual crime, and is likely to recommit the sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of the accused;

1. A photograph of the injured part (Evidence No. 25-27 of the evidence record)

1. Criminal records, etc.;

1. Investigation report (the confirmation, etc. of the date of release);

1. Part of the capacity of the relevant establishment (the 9th page) in a survey document before a request for an attachment order is made (the risk of recidivism).