Text
A defendant shall be punished by imprisonment for three years.
excessive one percent (No. 2) seized shall be confiscated.
. against the Defendant.
Reasons
Criminal facts
On August 6, 2010, a defendant and a person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (thief, etc.) in the Daegu District Court and Kimcheon Branch on August 6, 2010, and on November 25, 2010, the same court was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (after an accident) and completed the execution of the above punishment on April 16, 2013.
[2] On February 11, 2016, around 05:35, the Defendant: (a) opened a gate that was not corrected in the place; (b) infringed upon the legal party of the above E; and (c) stolen KRW 10,000 in cash at that place.
Defendant continued to intrude into the above E’s bank, and to report that the victim was locked at that place, and to rape the victim, who was suffering therefrom.
In a state of being off and panty, the victim was broken up, and the victim threatened the victim with “I knife knife knife, I do not knife if you leave,” thereby suppressing the victim’s resistance, and attempted to rape by taking advantage of the victim’s side, but the victim tried to report the Defendant’s defense.
In the end, the person could not rape with the wind that the person might escape while leaving the toilet.
Accordingly, the defendant invadeds a residence at night, stolens property owned by the victim, and attempted to rape the victim, but attempted to commit an attempted crime.
[Judgment of the court below] Defendant 1 was sentenced to imprisonment for a sexual crime as above and committed a sexual crime within 10 years after the completion of the execution of the sentence, and Defendant 2 was found to have committed a sexual crime on two or more occasions, and thus, the risk of recidivism is high.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Each investigation report (such as on-site photographs, etc., pictures of field identification, and oil;