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(영문) 수원지방법원 2019.10.31 2019고합409

강간미수

Text

Defendant shall be punished by imprisonment for a term of 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 is between the victim B (the family name, the female, the age of 19) and the part-time, and the defendant becomes aware of.

On May 1, 2019, between 06:05 and 07:30, the Defendant, while drinking the victim and drinking alcohol from building C, had a mind to rape the victim, had the victim fit himself/herself, had the victim sleepd with the victim, had the victim knife his/her knife his/her knife his/her knife his/her knife his/her knife with his/her knife with his/her knife, had the victim forced his/her knife,

Then, the victim was trying to insert a sexual flag, and the victim was not able to walk with the thring and walking.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. An investigation report (an investigation to be accompanied by a screen of the closure of a victim/alternative message);

1. Application of Acts and subordinate statutes to a statement on crime scene and CCTV analysis data;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information, and an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, it is difficult to readily conclude that the Defendant has no criminal record of a sexual crime; the Defendant is likely to prevent the recidivism of a sexual crime even with the Defendant’s personal information registration and taking lectures in the treatment of sexual assault; and other matters,