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

Punishment of the crime

[criminal power] On April 30, 2004, the Defendant was sentenced to four years of imprisonment by the Incheon District Court due to robbery, injury, etc. and was released on October 26, 2007 in the military prison on parole on March 6, 2008 during the execution of the sentence.

【Criminal Facts】

On February 14, 2010, at around 00:40 on February 14, 2010, the Defendant entered the victim E (Inn, 27 years of age) who is a private village in the Nam-gu Incheon Metropolitan City Dudio, and entered the entrance door password, which was known to the general public, and then got the victim into the victim with sound “Nhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

The defendant forcedly posted his clothes to the victim, and continuously putting his fingers into the sound part of the victim.

After repeating the victim's body, the victim attempted to rape the victim by inserting his or her sexual organ into the part of the other victim's sexual organ on his or her own, but did not result in such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation (a report on confirmation of contents of results from a hydro-legal appraisal with a country);

1. A certificate of genetic analysis and appraisal or a certificate of genetic search and appraisal (30 pages of investigation records);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports, and criminal investigation reports;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Articles 12 and 7(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”).

(ii) in accordance with the main sentence of Article 42

1. Of repeated crimes, Article 10258 of the former Act on Special Cases concerning the Punishment of Specific violent Crimes (amended by Act No. 10258, Apr. 15, 2010) is amended.