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(영문) 창원지방법원 2014.04.29 2014고합37
준강간미수등
Text

A defendant shall be punished by imprisonment for two years.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On October 14, 1994, the Defendant was sentenced to a four-year term of imprisonment for rape, bodily injury, etc. in the Jinwon District Court’s Jinwon District Court’s Jinju branch. On October 11, 2010, the Defendant was sentenced to a fine of three million won for the crime of indecent act by compulsion by force by the Changwon District Court.

【Criminal Facts】

1. A person who was attempted quasi-rape and requested to attach an attachment order (hereinafter referred to as “defendant”) made a sudden desire to the victim between the victim and the husband of the victim while drinking alcohol together with the victim and G while drinking alcohol at a F apartment, which is a residence of the victim E (n, female, 28 years old) located in Kimhae-si on February 15, 2014, around 04:00.

Accordingly, the Defendant tried to have sexual intercourse with the victim under the influence of alcohol, such as cutting off the victim's clothes and clothes, putting the victim's fingers into the negative part of the victim, etc., but the victim failed to resist, but did not have the intent to inform G of the fact in diving, and did not have attempted.

2. On the ground that the injured Defendant resisted the fact that the injured party G (the age of 37) tried to rape the Defendant’s wife at a time, time, and place identical to that of paragraph 1, the injured Defendant committed an injury, such as salpinging the victim’s face, and salping the victim’s face twice through three times, and taking the victim’s face into account the victim’s face twice through three times.

[Fact that is the cause of filing a request for an attachment order] The defendant has committed a sexual crime on at least two occasions, and the defendant is deemed to have a habit of committing a sexual crime in the future.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A medical certificate, photograph, site photograph, etc.;

1. Each report on investigation;

1. The risk of recidivism of sexual crime and recidivism in the judgment: the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the Defendant, even before committing the instant crime, is at the assistance of the Changwon District Court on October 14, 1994.

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