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(영문) 대전지방법원 2018.09.13 2018고합117

강간미수

Text

Defendant

A shall be punished by imprisonment with prison labor for one.

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

From around 03:00 on September 8, 2017 to around 04:14 on the same day, the Defendant attempted to rape by inserting the Defendant’s sexual organ into the victim’s sexual organ during the period from around 03:0 to around 04:14 on the same day. At the studio in Daejeon Taedong-gu, the Defendant attempted to use the victim’s G (n.e., in the instant singing room) that had been in the instant singing room in the instant singing room in the middle run by going through a scam, and forced panty and strawing. The Defendant attempted to commit rape by putting the victim’s sexual organ into the victim’s sexual organ during the instant period, but the Defendant did not go through the wind of the victim’s resistance and attempted to commit the crime.

Summary of Evidence (Defendant A)

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes related to photographs (Defendant A);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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 (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 Aggravated Punishment, etc. of Sexual Crimes exempt from the disclosure order, notification order, and employment restriction order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 56(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the crime of this case is not an offense against many unspecified persons; the defendant has no record of being punished for a sexual crime; the defendant’s personal information registration against the defendant and sexual violence treatment program alone appears to have an effect to prevent re-offending; and other matters such as the defendant’s age, family environment, background of the crime of this case, disclosure order and employment restriction order are expected to have any disadvantage and side effect expected by the above defendant; profits expected by such order; and effects of the prevention of sexual crimes.