강간미수
A defendant shall be punished by imprisonment for one year.
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
[Criminal Power] On June 27, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the violation of the Road Traffic Act at the Daegu District Court on July 5, 2013, and the said judgment became final and conclusive on July 5, 2013.
【Criminal Facts】
On July 2, 2013, at around 03:10 on July 2, 2013, the Defendant: (a) at the home living room where the victim D (the age of 28) located in Daegu Northern-gu C (the age of 28), and (b) took the chest of the said victim with intent to rape the victim, and (c) took the victim’s chest back, (d) took the victim’s body listed on the part of the ship, and (e) prevented the victim from resisting the victim’s grandchildren by hand; (b) tried to have sexual intercourse with the victim’s sexual organ inserted the victim’s sexual organ into the part of the victim’s sound; (c) however, the Defendant did not commit an attempted act by having the victim sealed the Defendant on his hand and reported his escape to 112.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim;
1. A report on investigation;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;
1. Articles 300 and 297 of the Criminal Act applicable to the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):
1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):
1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of
However, in light of the fact that the defendant is the time to commit the crime of this case, and that the defendant has no record of the same crime, it shall be readily concluded that there is a risk of recidivism.