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(영문) 대전지방법원 논산지원 2020.05.06 2020고합6

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 53 years of age) and the workplace rent.

At around 01:00 on February 16, 2020, the Defendant had the victim compared himself/herself with other males while drinking alcohol together with the victim in the dwelling space of the Defendant, which was located in the Military Service C around 01:00, and had the victim feel to rape.

The defendant tried to kis on the victim's kis, forced kis, and forced kis, but the victim refused to do so, tried to cut off the cell phone of the victim and the key of the motor vehicle, and then let the victim kis off, kisk on the part of the victim, kisk on the part of the victim, and kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, kis, and kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, kis, and kis on the part of the victim, and tried to have sexual intercourse with the victim by kis, but the victim was not able to get off the clothes. However, the victim was not able to request the victim to help the outside of the house.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. 112. List of reported cases;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each internal investigation report (Evidence Nos. 1, 6, 7) and each investigation report (Evidence List Nos. 4, 9, 11 through 13);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act;

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

1. The Defendant was punished for sexual crimes before committing the instant crimes, in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders 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.