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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] On December 31, 1993, the defendant was sentenced to three years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Special Rape) at the High Military Court at the Army, etc., and on January 5, 1998, the defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Protection, etc. of Victims. On August 17, 2001, the same court was sentenced to five years of imprisonment for a violation of the Act on the Punishment, etc. of Sexual Crimes and the Act on the Protection, etc. of Victims (Rape, etc.) at the same court at the Incheon District Court at the time on July 17, 2008, and the judgment became final and conclusive on September 19, 2008.
【Criminal Facts】
On August 13, 2006, at around 06:10, the Defendant discovered the victim C (at the time, 26 years of age) who was seated in front of the cambling house located in the Namnam-gun, Namnam-gun, and knife the victim with one hand, knife the victim's knife with one hand, knife the victim's knife, and knife that was prepared in advance in other knife ( approximately 30cm in length, approximately 20cm in length in knife) and knife with the victim's face, knife, part, etc. by drinking.
The Defendant continued to sit on the floor of the victim who was frightened on the floor, frightened on the floor, laid down the victim's chest, cut off the victim's chest, frightened the victim's fingers, and frightened the victim's fingers into panty, and frightened the victim's fingers into the panty, but attempted to rape the victim. However, the victim did not fright the knife and frighten the victim's knife and frighted the victim's knife, and did not result in the victim's injury, such
As a result, the Defendant, carrying a deadly weapon, tried to rape the victim, but committed an attempted rape, and inflicted an injury on the victim.
Summary of Evidence
1. The defendant's oral statement;