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(영문) 서울남부지방법원 2016.06.17 2016고합172

준강간미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2016, the Defendant attempted to have sexual intercourse with the Defendant, who was under the influence of alcohol by setting the victim E (V, 28 years of age) on the part of the bend, on the part of the bend, in a guest room where it is impossible to know the heading of 'D', which is located in Y2:00 p.m. on February 10, 2016. However, the Defendant attempted to have sexual intercourse with the Defendant, who was under the influence of drinking after a meeting, set off the victim E (V, 28 years of age) on the part of the bend, and left the bend back due

As such, the Defendant, under the influence of alcohol, attempted to rape a victim who was in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 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 (the disclosure and notification order of registered information may have a significant impact on the defendant. The crime of this case is not a crime against many and unspecified persons, the defendant is not a sexual crime, the defendant has no record of a sexual crime, and the defendant's personal information registration and sexual assault treatment program alone is anticipated to have an effect to prevent recidivism. In light of the above, there are special circumstances where disclosure of personal information against the defendant may not be notified.

The sentencing guideline is not applicable because it is a crime with the reason of sentencing.

The crime of this case is committed by the victim who was the previous teaching staff of the defendant, who attempted to engage in sexual intercourse by taking advantage of the victim's in an impossible state of drinking, and thus, the crime is not committed.