아동ㆍ청소년의성보호에관한법률위반(강간등)
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.
Punishment of the crime
The Defendant, at around 00:30 on November 2012, 2012, the Defendant tried to have sexual intercourse with D, etc., which had been drinking with D, etc., in the Heung-gu Soakdong-gu C’s Haak-gu Cheongdong-si, Cheongju-si, with the gap left by a mixed person in the room. The Defendant was able to rape by using the gap in which the victim left the room. The Defendant was able to have kid the victim’s arms by taking the victim’s arms in a knife and k the victim’s arms, and kid the victim’s body, and kid the Defendant, even though the victim was walking and kid against the knife, the Defendant knifed the Defendant’s body and knife the knife of the victim’s body, and knife the knife with the knife with the knife.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes concerning recording in protocol E;
1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) concerning criminal facts
1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Judgment on the assertion of the Defendant and his/her defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The summary of the argument is that the Defendant retired from office to a person who commits rape against the victim, and thus constitutes an attempted suspension.
2. According to the evidence in the summary of the evidence prior to the judgment, the defendant tried to rape after suppressing the victim's body's resistance against the victim's body even though the victim resisted the defendant by walking and resisting the defendant.