beta
(영문) 전주지방법원 남원지원 2016.05.19 2016고합4

준강간미수

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant returned to a single drinking house in Jung-Eup, along with the Defendant’s behaviors, including the Victim E (n, 19 years of age). While drinking alcohol, the Defendant got the victim to sleep in Gurher 503 Mour 503 Mour f in the regular Eup.

At around 05:00 on September 7, 2015, the Defendant: (a) had the intent to engage in sexual intercourse with the victim who was under the influence of alcohol and who was under the influence of her marriage; (b) has been exempted from his/her her fright; and (c) had the victim’s fright off with his/her fright and her fright, left the fright and left the fright of the victim; and (d) had the victim’s frightened with his/her fright, but had failed to bring the fright of the victim’s fright to enter the fright of the fright.

In the end, the Defendant attempted to engage in sexual intercourse by taking advantage of the victim’s resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of investigation report (related Acts and subordinate statutes to the preparation of placement map No. 503)

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant is an initial criminal without any previous criminal record, and the Defendant’s personal information registration against the Defendant and participation in sexual assault treatment lectures can have the effect of preventing recidivism by the Defendant.

It appears that the defendant's age, character and conduct, family relations, the benefits and preventive effects expected by the disclosure order and notification order of this case, and the disadvantages and side effects resulting therefrom, etc.