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(영문) 대전지방법원 천안지원 2018.02.07 2017고합227

준강간미수

Text

Defendant shall be punished by imprisonment for a term of 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 August 10, 2017, the defendant introduced the victim through E on August 10, 2017, while drinking together with the new wall E on the 11st day of the same month, and was locked in the victim's residence.

At around 06:30 on August 11, 2017, the Defendant entered a room where the victim and E were locked together at the place of residence of the victim located in the Northwest-gu, west-gu, west-gu, and sought to rape the victim under the influence of alcohol by discovering the victim who was under the influence of alcohol with his intent to escape, and going into the victim's body and pande the victim's body and panty, and then put the victim's sexual organ into the victim's legs, but the victim was attempted to put the victim's sexual organ into the victim's legs after she was sleeped with the bridge, shouldered the bridge, shouldered the E, and failed to put the victim's resistance.

Accordingly, the defendant attempted to rape the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes concerning the closure of the contents of a G conversation;

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. Article 62(1) of the Criminal Act on the stay of execution ( considered factors of sentencing favorable to the following reasons):

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 Children and Juveniles against Sexual Abuse (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention.

The defendant is a primary offender who has no criminal record, and this case is intended for many unspecified persons.