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A defendant shall be punished by imprisonment for three years.
The defendant's disclosure of information about the defendant is made through an information and communications network for five years.
Reasons
Criminal facts
The facts constituting the cause of the attachment order [criminal facts] Defendant and the person requesting the attachment order (hereinafter referred to as “Defendant”) are related to the victim C (here, D) and the private relationship.
1. 미성년자의제강간미수 피고인은 2006. 10. 5.경부터 2006. 10. 8.경까지 추석연휴 중 어느 날 23:00경 천안시 E에 있는 피고인의 할머니 댁 작은방에서 피해자(당시 8세)가 혼자 자고 있는 것을 보고 욕정을 일으켜, 피해자의 옷 속으로 손을 집어넣었다가 피해자가 잠에서 깨어 ‘괜찮다.’라고 하자 가슴, 음부를 만지고 옷을 벗긴 다음 간음하고자 하였으나, 피해자의 오빠가 갑자기 방문을 여는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.
2. Preparation of, rape in a minor;
A. From September 21, 2010 to September 23, 2010, the Defendant: (a) reported that the victim (the age of 12 at that time) was locked at the same place as that of the preceding paragraph from around the new wall around September 21, 2010, and caused the victim’s desire to sleep, thereby placing his/her hand in the victim’s clothes; (b) found the victim to be “amount of fine.” (c) said, the victim’s clothes and the part of the victim’s chest and the part of the drinking was cut off, and had sexual intercourse once with the victim.
B. On February 17, 201, the Defendant: (a) was at the house of the outer third village located in the F of the king City of 17:00, the Defendant had sexual intercourse with the victim (the age of 12 at that time); (b) had the intent to engage in sexual intercourse with the victim; and (c) had the victim demanded sexual intercourse and consented to the sexual intercourse and exceeded the clothes on the floor; and (d) had sexual intercourse once more.
C. At around 19:00 on the same day as Paragraph 2(b), the Defendant demanded the victim to have a more sexual intercourse once at the same place, and made the victim sexual intercourse once in the same way.
[Fact that constitutes a ground for attachment order] The Defendant committed a sexual crime against a person under the age of 19, and is likely to recommit a sexual crime.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement with respect to C.