A defendant shall be punished by imprisonment for three years.

For three years from the end of the execution of the above sentence against the person who requested probation order.

Criminal facts

In addition, the facts leading up to the request for probation order [criminal facts] The defendant and the person requesting probation order (hereinafter referred to as "defendants") were sentenced to four months of imprisonment with prison labor for fraud at the Jung-gu District Court on May 17, 2012 and written on June 3, 2013 in the indictment of this case as " June 13, 2013," but the indictment of this case appears to be written on June 3, 2013." However, according to the evidence attached to the personal identification and confinement status (the investigative record No. 121 pages) and the written investigation prior to the request, etc., it appears to be a clerical error in the statement of acceptance (ex officio).

The execution of the sentence was completed.

On August 9, 2014, at around 07:15, the Defendant discovered the victim C(n, 19 years of age) under the influence of alcohol at the influence area of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and laid the victim off the victim's clothes from the victim's 402 E oriental medical hospital No. 402, the Incheon Yeonsu-gu, where he is hospitalized, and then embling the victim's sexual organ into the part of the victim who was unable to resist at around 09:52-10:09 on the same day.

[Fact of the ground for requesting probation order] The defendant is likely to recommit a sexual crime in full view of the method of crime, the circumstances of crime, etc. as a person who committed two or more sexual crimes.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. The statement of each police officer made to F and G;

1. CCTV-cap photographs;

1. Requests for response to requests for appraisal with the State;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to written judgments, etc.), district court records of the Speaker's District Court 2012 Goand 940, and current status of personal identification and confinement;

1. The risk of recidivism in the judgment of the court below: In full view of each of the above evidence, investigation report (verification of the same kind of evidence), the decision of non-prosecution of the Incheon District Prosecutor's Office in 2014 and 73187 of the Incheon District Prosecutor's Office, reply to a request prior investigation, response to a request prior investigation, and response to a request prior investigation of a probation order, the defendant was sentenced to a suspended sentence of four years and six months for a crime of bodily injury resulting from rape at the Incheon District Court on July 27, 1990, and one week prior to the date of the crime of this case.