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(영문) 광주지방법원 2017.09.01 2017고합287

강간미수

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2017, the Defendant, at around 19:30 on May 13, 2017, sent alcohol to the “D main store” located in the Gwangju Mine-gu, along with the victim E (name, leisure, 43 years old) and then moved the victim to the Gside of the Gwangju Mine-gu.

On May 13, 2017, at around 20:30, the Defendant: (a) made the victim get off from the car to the car, and (b) tried to commit rape with the victim’s spanty and panty with the victim’s spanty and with the other hand, but the victim rejected the victim’s complete refusal and attempted to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Complaint;

1. Part concerning the criminal place, voluntary accompanying report (an attempted rape, etc.), report on the circumstances of driving in the state, register of the use of a drinking measuring instrument, investigation report (investigation, etc. into damage inflicted on the victim E) and confirmation of the suspect's vehicle;

1. Application of statutes on photographs and photographs of damaged vehicles;

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (in consideration of the relationship between the defendant and the victim, there exists a risk of sexual assault against many and unspecified persons and re-offending against the defendant;

It is difficult to conclude that the defendant has no record of punishment for sex crimes, and that the defendant prevents the recidivism of the defendant through the registration of personal information of the defendant and the lecture for sexual assault treatment.