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(영문) 서울중앙지방법원 2019.06.26 2018고합1242
강간미수등
Text

A defendant shall be punished by imprisonment for two years.

The accused shall be placed at child, juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Criminal facts

On October 15, 2004, the defendant and the person to whom an order to attach an electronic device was requested (hereinafter referred to as the "defendant") had been sentenced to a two-year suspended sentence of imprisonment for the crime of indecent act by force at the Seoul Northern District Court on the grounds of the crime of indecent act by force, and on October 10, 2018, the judgment was finalized on October 18, 201 by a two-year suspended sentence of imprisonment for the crime of indecent act by force at the Gwangju District Court on the grounds of the crime of indecent act by force.

【Criminal Facts】

1. Around August 12, 2018, the Defendant: (a) enticed the victim D (inns and 54 years of age) and drinking alcohol to take a view of the victim; (b) was aware of the fact that the victim would go through a coffee shop, leading the victim to F at around 15:14 of the same day; (c) opened the victim by moving the victim to F of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (d) pushed the victim into the scam; (d) forced scam by force after suppressing the victim from leaving the scam; and (e) laid down the victim’s panty, scam, cut off the clothes, and put the victim’s finger, and continuously inserted the victim’s finger into the part of the victim’s drinking part; and (e) attempted to put the victim’s finger into the part of the victim, while the victim was aware that he had come to do so, and attempted to break out the victim’s scam in the fast state.

2. On August 12, 2018, at the same place as the preceding paragraph, at around 15:36, the Defendant: (a) stolen the property owned by the victim, including one handphone, one mass acid, one transportation card, one wall, etc., in which the victim escaped while leaving the place; and (b) stolen the property amounting to KRW 254,00 in total at the market price.

[Fact of the cause of probation order] The Defendant had the record of being punished for a sexual crime as stated in the judgment of the court, and committed again the instant sexual crime while being tried for a sexual crime, and in light of the content of the instant crime, the character, conduct and environment of the Defendant, etc., the Defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1.Each. D.

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