beta
(영문) 청주지방법원 2020.04.24 2019고합254

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

The defendant, at around 22:00 on July 26, 2019, 22:0, the defendant was trying to get off the victim's panty by putting the victim's son into the victim's inner part of the victim's body while drinking alcohol together with the victim's D (Inn, 49 years of age) who is a neighboring resident, and breath from the victim's inner part of the victim's body, and breathing the victim's chest by getting off the victim's her inner part and pansty, and she tried to get out of the victim's inner part of the victim's body because the victim tried to get out of the victim's body because she tried to get out of the victim's inner part of the victim's body by putting the victim's son from the victim's her second part, and she did not have the victim's panty part of the victim's body. However, the victim's spanty and panty part of the victim.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Two copies of the 112 reported case handling table; and

1. Records of seizure and the list of seizure;

1. Six copies of a photograph description; and

1. Application of the Act and subordinate statutes, five sheets (No. 15 in order), four sheets (No. 19 in order) of the gene assessment report;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose, or an order to disclose, Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, or an order to notify, the Defendant’s age, criminal records, the details and motive of, and the risk of recidivism of, the instant crime, and the details and method of, the instant crime, or an order to disclose.