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(영문) 청주지방법원 2016.08.19 2016고합71

준강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

Defendant is D Director Co., Ltd., and Victim E (V, 22 years of age, 22 years of age) is a member of the same company.

On February 5, 2015, the Defendant attempted to have sexual intercourse with the victim by getting out of the victim's panty and getting out of the victim's spanty under the influence of alcohol on February 5, 2015 at the night of 01:00, but the Defendant attempted to have the victim engage in sexual intercourse with the victim by getting out of the victim's spanty.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to E (tentative name) and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of a text message);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information against the Defendant is likely to cause secondary damage to the victim during the process of disclosure and notification of personal information against the Defendant; (d) the Defendant has no record of criminal punishment due to a sexual crime; (c) the process leading up to the instant crime; and (d) the circumstances after the instant crime was committed, there is a need to impose a disposition

The defendant's age, family environment, and social.