강간치상
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
On May 29, 2014, at around 00:00, the Defendant, while drinking alcohol at E drinking house operated by the victim D (Inn, 40 years of age) located on the first floor of the C Apartment apartment commercial building, he reported the victim to go to the toilet, opened a locked toilet door and entered into the toilet.
At this point, the defendant goes out of the toilet screen in which the victim is going to go through a male urier, and the victim opened a door to the defendant, opened the head of the victim's head, and forced the victim's head to go out of the toilet floor by force, and forced the victim's head to go out of the toilet floor, and forced the victim's head to go outside the toilet floor, and forced the victim to walk the male that the victim was suffering from the victim's left hand on the upper left hand, and led to rape. However, although the victim's non-spaw was unable to go through the wind from the victim's words that sees the victim's non-spaw, the victim's intention was not achieved and attempted.
As a result, the defendant tried to rape the victim, and thereby, the victim suffered multiple scambling in need of treatment for about 14 days.
Summary of Evidence
Defendant’s legal statement
Article 53 and Article 55 (1) 3 of the Criminal Act for Discretionary Mitigation of Punishment of Crimes against D, F, and G (the attachment of a victim D’s initial record and prescription) an investigation report (the attachment of a victim D’s initial record and prescription), the pertinent law on the criminal facts subject to the law, each photographic diagnosis, and Articles 301 and 297 of the Criminal Act for the application of the law, and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of sentence (the circumstances favorable to the reasons for sentencing below), Article 62 (1) of the Criminal Act (the main sentence of Article 16 (2), Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order to Attend and Order to Attend, are the first offender without any criminal power, and the victim wishes to punish the defendant.