Text
A defendant shall be punished by imprisonment for five years.
The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.
Reasons
Criminal facts
The facts as to the cause of the request for attachment order [criminal records] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) are those who had been sentenced to a suspended sentence of three years for a term of imprisonment with prison labor for the crimes of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, Injury, etc.) at the Suwon District Court on March 10, 206.
【Criminal Facts】
피고인은 2012. 5. 25. 02:10경 수원시 권선구 C에 있는 7층 건물 옥상에 올라가, 그 곳에서 쭈그려 앉아 친구와 통화를 하고 있는 피해자 D(여, 18세, E생)를 발견하고, 한손으로 피해자의 손목을 잡고 다른 손으로 피해자의 입을 막아 피해자의 반항을 억압한 후 피해자를 옥상 바닥에 눕혀 1회 간음하여 강간하였다.
[Fact that is the cause of filing a request for an attachment order] The Defendant is likely to recommit a sexual crime in light of the background of the crime, environment, character and conduct, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of witness F in the second protocol of the trial;
1. Statement made by witnesses D in the third protocol of the trial;
1. Second written examination of the accused by the prosecution;
1. Report on occurrence (Rape), investigation report (general), photographs, etc., investigation report (as to attachment of an appraisal report on the victim's panty, etc.) (as to attachment of an appraisal report on the victim's panty, etc.), each appraisal request table (as set forth in No. 7 and 12), investigation report (as to a suspect), investigation report (as to attachment of an investigation report on the place of occurrence and residence of the suspect);
1. Written complaint for DNA preparation (the fact before and after the market is made);
1. A inquiry report on criminal records, etc. (A), investigation report (report on related decisions attached to such reports) (the risk of recidivism of sexual crimes and recidivism at the time of making a sale);
1. The following circumstances acknowledged by the evidence and the written investigation prior to the claim, namely, ① the Defendant, even around 2006 prior to the commission of the crime, attempted to rape in the course of threatening the victim with a knife by intrusion in the studio in a female married room, but attempted to commit rape.