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(영문) 서울남부지방법원 2016.08.04 2016고합118
강간미수
Text

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

The defendant's disclosure information is made through the information and communication network for a period of three years.

Reasons

On December 17, 2010, the facts constituting the crime and the cause of the attachment order [criminal records] Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) were sentenced to a suspended sentence of three years for a period of one year and six months for the attempted rape at the Seoul Southern District Court.

[2] On June 12, 2015, around 05:30 on June 12, 2015, the Defendant reported that “E” located in Gangnam-gu Seoul Metropolitan Government “E” moves out of the victim F (F, 26 years of age) to return home, and subsequently, the Defendant saw the victim’s right arms to sit in the studio in the club, leading the victim’s right arms, leading the victim to the victim’s seat, and breaking the victim’s body into the boom.

The defendant is the victim of the victim’s “dwarf.”

The phrase "Iskin liquor tax," which prevents a victim from suffering noise, and tried to get off the victim's chest part of his chests several times, and to rape, but the victim resisted against the victim, and attempted to leave the victim's her body boom and assist the employee with his/her own body booming.

[Facts constituting the ground for an attachment order] The defendant committed a sexual crime on at least two occasions and has a habit of such crime.

In light of the background of the crime, character and conduct of the defendant, the defendant is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Records】

1. The inquiry report;

1. Investigation report (Attachment of a copy of the previous decision) (criminal facts stated in the judgment);

1. Partial statement of the defendant;

1. The record of the police statement about F (the defendant attempted to divide the victim's bridge into the victim's body and attempt to get out of the victim's body, but the defendant was unable to get out of the victim's will, in light of the fact that the victim's bar was double locked and the defendant was unable to get out of the victim's will, it may be sufficiently recognized that the defendant had the intention to rape the victim's body) [the risk of recidivism in the judgment] The above evidence and the following circumstances acknowledged by the reply prior to the request for the attachment order, shall be comprehensively taken into account.

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