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(영문) 대구지방법원 2018.04.13 2018고합45

준강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2017, the Defendant: (a) around 02:18, three singing practice rooms operated by the female living together in Daegu Northern-gu C; (b) the female living together with the female living together (the female 40 years old); (c) the female living together with the female living together with the female living together, and (d) the female living together with the waiting room in the waiting room; (c) entered the hallway and singing room again on three occasions where the victim was living together; (d) the victim was able to resist with her hallway and single on the hallway; and (e) the Defendant was able to resist with her chest and her panty by cutting off the victim’s upper part of her bridge; and (e) the Defendant was able to commit rape by inserting the Defendant’s sexual organ into the part of the victim; and (e) the Defendant was able to have attempted to commit the injury by singinginging the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (ctv video analysis);

1. Application of the statutes of the response request for appraisal;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism of sexual assault or recidivism;

It is difficult to conclude that the effect of preventing recidivism can be limited to the registration of personal information on the defendant and taking lectures in sexual assault treatment.

In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., the effects of sexual crimes that can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant will suffer.