(영문) 대구지방법원 2016.08.12 2016고합227

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자간(%)

(영문) 대구지방법원 2016.08.12 2016고합227

강간미수등

Text

A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for a period of six years.

Reasons

Criminal facts

The Defendant and the requester for an attachment order (hereinafter referred to as “Defendant”) were sentenced to four years of imprisonment due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Daegu High Court on October 28, 2010, and completed the execution of the sentence on February 16, 2014.

【Criminal facts】 On April 29, 2016, the Defendant found the victim D (one’s name, half, 30 years of age) at the C crosswalk located in Daegu-gu, Daegu-gu, and attempted to rape the victim.

The Defendant, following the victim's back to the stairs of the building in the vicinity of the victim, took two arms of the victim, and prevented the victim from resisting one's bridge between the victim and the victim's bridge.

Although the defendant tried to have sexual intercourse with the victim by hand after the victim's chest was delivered, the defendant did not have the intent to have the victim's secret, and did not have the victim's secret, and did not have the intent to have the victim's secret.

【The Facts leading to the attachment order】 The Defendant is likely to recommit a sexual crime in light of the following: (a) the Defendant was sentenced to a punishment for committing a sexual crime; (b) the Defendant again commits a sexual crime within ten (10) years after the completion of the execution of the sentence; and (c) the Defendant committed the instant crime under the status of attaching an electronic tracking device due to a sexual crime; (d) the Defendant committed the instant crime; and (e) the background leading up to the instant crime; and (e) the relationship with the victim;

Recognized.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. CCTV images;

1. Each investigation report (No. 13, 14, 15 No. 15 of the evidence list);

1. Each report on internal investigation (No. 1, 2)

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, investigation report (Attachment to a sentence of judgment);

1. The instant case, such as the record of each of the evidence and the risk of recidivism of sexual assault crimes as indicated in the judgment, and the investigation report prior to the request;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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